Palladino v. Lindenhurst Union Free School District

Skelos, J.E,

concurs in the result, and votes to reverse the order and grant the defendant’s motion for summary judgment *1196dismissing the complaint, with the following memorandum: While dismissal of the complaint as a matter of law based upon the doctrine of primary assumption of risk is compelled by this Court’s precedent (see e.g. Casey v Garden City Park-New Hyde Park School Dist., 40 AD3d 901 [2007]; Manoly v City of New York, 29 AD3d 649 [2006]; Morlock v Town of N. Hempstead, 12 AD3d 652 [2004]; Gamble v Town of Hempstead, 281 AD2d 391 [2001]), I write separately to express my view that…