NEWCOMB v. GUPTILL HOLDING CORPORATION


31 A.D.3d 875 (2006)

818 N.Y.S.2d 655

CHRISTINE NEWCOMB, Appellant, v. GUPTILL HOLDING CORPORATION et al., Defendants, and RICHARD MARTINO, Respondent.

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

July 6, 2006.


Kane, J.

Defendant Richard Martino (hereinafter defendant) was roller-skating at Guptill's Arena when he tripped or lost his balance and fell. He fell through an opening that served as an entrance from the main skating rink into a practice rink, landing on plaintiff. Plaintiff commenced this action to recover damages for injuries she suffered as a result of this collision. Supreme Court granted defendant's motion for summary judgment dismissing the complaint against...

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