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WINTER v. CITY OF NEW YORK

208 A.D.2d 827 (1994)

617 N.Y.S.2d 833

Marvin Winter et al., Appellants, v. City of New York, Respondent

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

October 24, 1994

Ordered that the judgment is affirmed, with costs.

The plaintiff was allegedly injured when he was struck by another skater while ice skating at the defendant's ice-skating rink. At the trial, the plaintiff argued that the defendant had been negligent in failing to provide adequate supervision at the rink. However, during the request to charge conference, the court indicated that it appeared that the plaintiff had failed...

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