Legal Opinion

Lozito v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 2001Published

1Opinion of the Court

—Order, Supreme Court, New York County (Marcy Friedman, J.), entered April 11, 2000, which granted defendants’ motion for summary judgment dismissing plaintiffs complaint, unanimously affirmed, without costs.

Plaintiff, while skating on defendants’ rink, was injured when she fell after being hit by one or two fellow skaters. This action to recover for the injuries sustained by plaintiff in consequence of that fall was properly dismissed since collisions between skaters, such as the one sustained here, are a common occurrence and a risk that all skaters assume (Zambrana v City of New York, 262…

2Cases cited3 opinions

  1. Zambrana v. City of New YorkNew York Court of Appeals · 2000
  2. Zambrana v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1999
  3. Vaughan v. Skate Key, Inc.Appellate Division of the Supreme Court of the State of New York · 2000

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