GUENTHER v. Leisure Rinks Southtown, Inc., Defendant-Appellant. (2005)

Plaintiff, a senior at West Seneca West High School, attended a school hockey game at a rink owned and operated by Leisure Rinks Southtown, Inc. (defendant).  While she was watching the game from the bleachers, a puck deflected from the ice and struck her in the nose.   She subsequently commenced this personal injury action against defendant and West Seneca Central School District.   Supreme Court properly denied the motion of defendant for leave to renew its motion for summary judgment dismissing the complaint against it.   Defendant failed to establish as a matter of law that the protective screening around the rink satisfied the duty defendant owed to plaintiff (see Gilchrist v. City of Troy, 67 N.Y.2d 1034, 1035, 503 N.Y.S.2d 717, 494 N.E.2d 1382;  Akins v. Glens Falls City School Dist., 53 N.Y.2d 325, 330-331, 441 N.Y.S.2d 644, 424 N.E.2d 531, rearg. denied 54 N.Y.2d 831, 443 N.Y.S.2d 1031, 427 N.E.2d 1192;  see generally Zuckerman v. City of New York, 49 N.Y.2d 557, 562, 427 N.Y.S.2d 595, 404 N.E.2d 718).

It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.

MEMORANDUM: