Lo Piccolo v. Town of Oyster Bay

—In an action to recover damages for personal injuries, the appeal is from an order of the Supreme Court, Nassau County (DiNoto, J.), entered April 7, 1998, which denied a motion for summary judgment dismissing the complaint.

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

The plaintiff was injured while ice skating at a Town of Oyster Bay skating rink. The plaintiff alleged that the ice was not *607maintained in proper condition. However, the plaintiff’s own testimony at a pretrial hearing indicated that he had actual knowledge of…