Opinion
October 25, 1993
Appeal from the Supreme Court, Nassau County (Kohn, J.).
Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.
While it is generally true that negligence cases are rarely subject to summary judgment treatment (see, Andre v. Pomeroy, 35 N.Y.2d 361), we find that the plaintiff Nava Viniar assumed the risk of becoming injured through contact with the tennis net when she voluntarily engaged in a game of tennis upon the defendant's recreational premises. Moreover, it cannot reasonably be inferred that the defendant breached any duty to her (see, Robinson v Town of Babylon, 166 A.D.2d 434; Gallagher v. Town of N. Hempstead, 144 A.D.2d 637). The plaintiffs did not raise any triable issues of fact. Thus, the defendant's motion for summary judgment is granted. Thompson, J.P., Miller, Lawrence and Copertino, JJ., concur.