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LOZITO v. CITY OF NEW YORK

283 A.D.2d 251 (2001)

724 N.Y.S.2d 606

ENZA LOZITO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

Decided May 15, 2001.

Plaintiff, while skating on defendants' rink, was injured when she fell after being hit by one or two fellow skaters. This action to recover for the injuries sustained by plaintiff in consequence of that fall was properly dismissed since collisions between skaters, such as the one sustained here, are a common occurrence and a risk that all skaters assume (Zambrana v City of New York, 262 A.D.2d 87, affd 94...

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