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ILANA STANGER, appellant, v. M T PRETZEL, INC., respondent.

DECISION ORDER

ORDERED that the order and judgment is affirmed, with costs.

The defendant established its entitlement to judgment as a matter of law by demonstrating that the plaintiff, an experienced ice skater, voluntarily continued to skate despite the alleged defective condition of the skating rink surface, and thus assumed the risk ( see Morgan v. State of New York, 90 N.Y.2d 471; Rensing v. Iceland, Inc., 276 A.D.2d 614; Lo Piccolo v. Town of Oyster Bay Dept. of Parks, 260 A.D.2d 606; Byrne v. Westchester County, 178 A.D.2d 575). In opposition, the plaintiff failed to raise a triable issue of fact. Therefore, the Supreme Court properly granted the defendant summary judgment dismissing the complaint.

The plaintiff's remaining contentions are without merit.

S. MILLER, J.P., LUCIANO, ADAMS and COZIER, JJ., concur.

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STANGER v. M T PRETZEL
(Mar 8, 2004)