CLEMENTS v. SKATE 9H REALTY, INC.


277 A.D.2d 614 (2000)

714 N.Y.S.2d 836

WILLIAM CLEMENTS et al., Appellants, v. SKATE 9H REALTY, INC. et al., Respondents.

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

Decided November 9, 2000.


Mercure, J. P.

Plaintiff William Clements (hereinafter plaintiff) was injured when he fell while roller skating at a rink owned by defendants. According to plaintiff, he fell when he was skating slowly to exit the rink and his right skate caught in a hole in the floor. Plaintiff, and his wife derivatively, commenced this action to recover damages for his injuries. After joinder of issue and discovery, defendants moved for summary judgment dismissing the complaint...

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