MARSHALL v. MASTODON, INC.


51 A.D.2d 21 (1976)

Mary L. Marshall, Respondent-Appellant, v. Mastodon, Inc., et al., Appellants and Third-Party Plaintiffs-Appellants. Niagara Mohawk Power Corporation, Third-Party Defendant-Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

February 5, 1976


Attorney(s) appearing for the Case

Stephen Vinciguerra (Arthur L. Rosen of counsel), for appellants and third-party plaintiffs-appellants.

Schrade & Kimmey (Karl H. Schrade of counsel), for respondent-appellant.

Maynard, O'Connor & Smith (Earl S. Jones, Jr., of counsel), for third-party defendant-respondent.

HERLIHY, P. J., KANE, KOREMAN and LARKIN, JJ., concur.


SWEENEY, J.

On the evening of March 12, 1972, plaintiff was injured when she fell while roller skating at an arena owned by Guptill Holding Corporation (hereinafter Guptill) and operated by Mastodon, Inc., doing business as Guptill Roller Skating Arena (hereinafter Mastodon). After skating for approximately two hours, plaintiff was in the process of slowing down in preparation to leaving the skating area when...

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