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CHRISTOPHER CASSESE, Respondent, v. RAMAPO ICE RINKS, INC., Appellant.

Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.

The plaintiff assumed the risk of the injury which he sustained upon voluntarily participating in a league hockey game at the defendant's rink (see, e.g., Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650; Turcotte v. Fell, 68 N.Y.2d 432, 439; Maddox v. City of New York, 66 N.Y.2d 270, 277-278; Ferraro v. Town of Huntington, 202 A.D.2d 468). Additionally, we note that the plaintiff failed to establish that the defendant breached any duty of care in connection with the incident which caused his injury, or, in any event, that his injury was proximately caused by any act or omission of the defendant (cf., Kelly v. Great Neck Union Free School Dist., 192 A.D.2d 696, 697). Thompson, J.P., Sullivan, Altman and Goldstein, JJ., concur.

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CASSESE v. RAMAPO ICE RINKS, INC
(Oct 3, 1994)