Cohen v Sterling Mets, L.P.
2009 NY Slip Op 00495 [58 AD3d 791]
January 27, 2009
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 11, 2009


Norman Cohen, Appellant,
v
Sterling Mets, L.P., Respondent.

[*1] Lawrence Perry Biondi (Lisa M. Comeau, Garden City, N.Y., of counsel), for appellant.

Havkins Rosenfeld Ritzert & Varriale, LLP, New York, N.Y. (Carla Varriale and Jarett L. Warner of counsel), for respondent.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Hart, J.), entered August 7, 2007, which granted the defendant's motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

On its motion for summary judgment dismissing the complaint, the defendant demonstrated its entitlement to judgment as a matter of law based upon the doctrine of primary assumption of the risk (see Roberts v Boys & Girls Republic, Inc., 10 NY3d 889 [2008]; Sutfin v Scheuer, 74 NY2d 697, 698 [1989]; Koenig v Town of Huntington, 10 AD3d 632, 633 [2004]; Starke v Town of Smithtown, 155 AD2d 526, 527 [1989]; see also Pira v Sterling Equities, Inc., 16 AD3d 396, 396-397 [2005]). In opposition, the plaintiff failed to raise a triable issue of fact (see Bereswill v National Basketball Assn., 279 AD2d 292, 293-294 [2001]). Accordingly, the Supreme Court properly granted the defendant's motion. Florio, J.P., Covello, Balkin and Leventhal, JJ., concur. [See 17 Misc 3d 218.]