Painter v. Peek'n Peak Recreation, Inc.

Appeal from an order of Supreme Court, Chautauqua . County (Gerace, J.), entered December 13, 2002, which, inter alia, granted defendants’ motion for summary judgment dismissing the complaint.

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

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Douglas Painter (plaintiff) while skiing at defendants’ skiing facility. Plaintiff was injured when *1290his ski came into contact with what he described in his deposition testimony as a “submerged ice divot”…