COHEN v. STERLING METS, L.P

Ordered that the order is affirmed, with costs.

On its motion for summary judgment dismissing the complaint, the defendant demonstrated its entitlement to judgment as a matter of law based upon the doctrine of primary assumption of the risk ( see Roberts v Boys Girls Republic, Inc., 10 NY3d 889; Sutfin v Scheuer, 74 NY2d 697, 698; Koenig v Town of Huntington, 10 AD3d 632, 633; Starke v Town of Smithtown, 155 AD2d 526, 527; see also Pira v Sterling Equities, Inc., 16 AD3d 396, 396-397). In opposition, the plaintiff failed to raise a triable issue of fact ( see Bereswill v National Basketball Assn., 279 AD2d 292, 293-294). Accordingly, the Supreme Court properly granted the defendant's motion. [ See 17 Misc 3d 218.]