Stanger v. M & T Pretzel, Inc.

In an action to recover damages for personal injuries, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Kings County (Schmidt, J.), dated December 6, 2002, which granted the defendant’s motion for summary judgment dismissing the complaint, and dismissed the complaint.

Ordered that the order and judgment is affirmed, with costs.

The defendant established its entitlement to judgment as a matter of law by demonstrating that the plaintiff, an experienced ice skater, voluntarily continued to skate despite the alleged defective condition of the skating rink surface,…