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TASSIELLI v. UNITED SKATES OF AMERICA, INC.

33 A.D.3d 908 (2006)

826 N.Y.S.2d 300

CORINNE TASSIELLI, Appellant, v. UNITED SKATES OF AMERICA, INC., Respondent, et al., Defendant.

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

Decided October 24, 2006.

Ordered that the order is affirmed, with costs.

Even assuming that the surveillance digital video disk (DVD) which allegedly captured the incident at issue was not admissible into evidence, the defendants met their initial burden as the movants for summary judgment by demonstrating that the plaintiff's injuries were proximately caused by a sudden and abrupt collision with another roller skater which could not have been prevented by any amount of supervision (see...

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