Kingston v. Cardinal O'Hara High School

Appeal from an order of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), entered September 10, 2015. The order denied the motion of plaintiff for partial summary judgment seeking a determination that Arts and Cultural Affairs Law § 37.09 (1) applies to this action, and granted the cross motions of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained during a professional *1673wrestling performance.…