CARDOZA v. VILLAGE OF FREEPORT

Ordered that the order is reversed, on the law, with costs, the defendants' motion for summary judgment is granted, and the complaint is dismissed.

The infant plaintiff was injured when he fell while ice skating at a school-sponsored, extracurricular outing, and another skater ran over his fingers. The plaintiffs alleged that the defendants were negligent in failing to provide proper supervision and instruction. We disagree. The defendants' duty was to exercise care to make the conditions as safe as they appeared to be. Here, the risk of the present injury was "perfectly obvious", and, by voluntarily participating in the activity, the infant plaintiff assumed the risk. The defendants satisfied their duty of care, since the conditions were as safe as they appeared to be (see, Turcotte v. Fell, 68 N.Y.2d 432, 438-439; Cuesta v. Immaculate Conception R.C. Church, 168 A.D.2d 411; cf., Byrne v. Westchester County, 178 A.D.2d 575). Rosenblatt, J.P., Miller, Lawrence and Florio, JJ., concur.