LESTER v. CITY OF NEW YORK


234 A.D.2d 92 (1996)

650 N.Y.S.2d 235

Peter Lester, Respondent, v. City of New York et al., Appellants

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

December 10, 1996


Plaintiff, an experienced amateur hockey player, asserted that he was injured during a recreational hockey game, on newly resurfaced ice, when his skate blade caught in a ¾ inch gap, obscured by water and slush, between the ice surface and the surrounding wall known as the "boards". This case is distinguishable from those in which skaters were found, as matter of law, to have assumed the risk of injury due to poor quality ice surfaces (see, e.g., Byrne v Westchester...

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