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Appellate Division, Second Department: November 3, 2023

Handdown & Order on Application released on:November 1, 2023

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By Barros, J.P.; Maltese, Dowling, Voutsinas, JJ.

CIGDEM ALTINERLIELMAS TANRIVERDI, ET AL., res, v. UNITED SKATES OF AMERICA, INC., app — (Index No. 601784/12) Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains, NY (Patrick J. Lawless of counsel), for appellant. Subin Associates, LLP (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Jillian Rosen], of counsel), for respondents. In an action to recover damages for personal injuries, etc., the defendant appeals from an order of the Supreme Court, Nassau County (Roy S. Mahon, J.), entered June 16, 2020. The order, insofar as appealed from, upon renewal, adhered to a prior determination in an order of the same court entered January 13, 2020, denying the defendant’s motion for summary judgment dismissing the complaint. ORDERED that the order entered June 16, 2020, is reversed insofar as appealed from, on the law, with costs, upon renewal, the order entered January 13, 2020, is vacated, and the defendant’s motion for summary judgment dismissing the complaint is granted. The plaintiff Cigdem Altinerlielmas Tanriverdi (hereinafter the injured plaintiff), and her husband suing derivatively, commenced this action to recover damages for injuries she allegedly sustained when she fell while roller skating at the defendant’s roller skating rink. The defendant moved for summary judgment dismissing the complaint. In an order entered January 13, 2020, the Supreme Court denied the motion. The defendant subsequently moved, inter alia, for leave to renew its prior motion for summary judgment dismissing the complaint. By order entered June 16, 2020, the court, among other things, granted leave to renew but, upon renewal, adhered to its prior determination in the order entered January 13, 2020. The defendant appeals.

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