SHAMELASHVILI v. CITY OF NEW YORK

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court did not improvidently exercise its discretion in permitting the defendants to file their respective motion and cross motion for summary judgment beyond the time limit provided by CPLR 3212(a) ( see, Quinlan v. Kaufman, 258 A.D.2d 453 [2d Dept., Feb. 1, 1999]). Further, the court properly granted the motion and cross motion for summary judgment. The infant plaintiff was injured while ice skating when she was suddenly and abruptly struck by another skater, whose conduct could not have been anticipated or avoided by any degree of supervision. Under the circumstances, liability cannot be imposed on the defendants, the owner and the operator of the skating rink ( see, Winter v. City of New York, 208 A.D.2d 827; Blashka v. South Shore Skating, 193 A.D.2d 772; Bua v. South Shore Skating, 193 A.D.2d 774).