Lester v. City of New York

—Order, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered on or about December 1, 1995, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Plaintiff, an experienced amateur hockey player, asserted that he was injured during a recreational hockey game, on newly resurfaced ice, when his skate blade caught in a 3/4 inch gap, obscured by water and slush, between the ice surface and the surrounding wall known as the "boards”. This case is distinguishable from those in which skaters were found, as matter of law, to…