Fox v. Town of Oyster Bay
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from a judgment of the Supreme Court, Nassau County (DeMaro, J.), entered June 20, 1997, which, upon the granting of the defendant’s motion for summary judgment, dismissed the complaint.
Ordered that the judgment is affirmed, with costs.
The Supreme Court properly concluded that the infant plaintiff assumed the risks inherent in skating on an outdoor ice skating rink where he sustained his injuries, including those risks associated with any open and obvious conditions of the ice surface (see, Giaimo v Roller…
2Cases cited3 opinions
- Byrne v. Westchester CountyAppellate Division of the Supreme Court of the State of New York · 1991
- Giaimo v. Roller Derby Skate Corp.Appellate Division of the Supreme Court of the State of New York · 1996
- Cardoza v. Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by3 opinions
- Geffen v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2000
- Brugnatelli v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2000
- Skindariene v. Royal Caribbean GroupDistrict Court, S.D. Florida · 2025