BELLORO v. CHICOMA

ORDERED that the order is affirmed, with one bill of costs.

The Supreme Court correctly concluded that the doctrine of primary assumption of the risk relieved the defendants of any duty of care that they may have owed the plaintiff, even though the plaintiff's injury did not result from a leisure or sporting activity ( see Westerville v. Cornell Univ., 291 A.D.2d 447; see also Davis v. Kellenberg Mem. High School, 284 A.D.2d 293; Conroy v. Marmon Enters., 253 A.D.2d 839; Bennett v. Town of Brookhaven, 233 A.D.2d 356; Sands v. Bonnie View on Lake George, 230 A.D.2d 902). The plaintiff assumed the risk of injury in attempting to enter his room through the second story window by climbing a ladder that was placed on top of another ladder.

In light of our determination, we do not reach the plaintiff's remaining contention.

ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.