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EILEEN KACZYNSKI, ET AL., respondents, v. UNITED STATES OF AMERICA, INC., appellant.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The injured plaintiff sustained injuries in a roller skating rink owned by the defendant when she tripped and fell on a metal molding as she attempted to cross from the center square rink to a carpeted area, which separated the center rink from the rest of the oval outer rink. The center square wooden rink was apparently used by beginners.

Contrary to the defendant's contention, a defective metal molding is not a risk inherent in the sport of roller skating ( see Morgan v. State of New York, 90 N.Y.2d 471, 488; Maher v. Recreational Mgt Servs. Corp., 293 A.D.2d 720; Welo v. Union News Co., 263 A.D. 328). Moreover, there is a question of fact as to whether the defendant had constructive notice of the alleged defect ( see DeGiacomo v. Westchester County Healthcare Corp., 295 A.D.2d 395; Barwicki v. Frairs 50th St. Garage, 288 A.D.2d 14). Accordingly, the defendant's motion was properly denied.

FLORIO, J.P., H. MILLER, SCHMIDT and CRANE, JJ., concur.

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KACZYNSKI v. UNITED SKATES OF AM
(Feb 2, 2004)