TASSIELLI v. UNITED SKATES OF AMERICA INC (2006)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Covello, J.), dated March 1, 2005, which granted the defendants' motion for summary judgment dismissing the complaint.

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 Surdi v. Roco Realty Co., 272 A.D.2d 393, 707 N.Y.S.2d 661;  Kleiner v. Commack Roller Rink, 201 A.D.2d 462, 462, 607 N.Y.S.2d 142;  Blashka v. South Shore Skating, 193 A.D.2d 772, 598 N.Y.S.2d 74;  Lopez v. Skate Key, 174 A.D.2d 534, 571 N.Y.S.2d 716;  see also Bleyer v. Recreational Mgmt. Serv. Corp., 289 A.D.2d 519, 735 N.Y.S.2d 616;  Vega v. County of Westchester, 282 A.D.2d 738, 724 N.Y.S.2d 72).   In opposition, the plaintiff failed to submit evidence sufficient to raise a triable issue of fact.