PHILIP WOLLRUCH, plf-ap, ESTHER WOLLRUCH, PLAINTIFF, v. ROBERT JAEKEL, def-res, EMPIRE SKATE CLUB OF NEW YORK, INC., def

9307. PHILIP WOLLRUCH, plf-ap, ESTHER WOLLRUCH, PLAINTIFF, v. ROBERT JAEKEL, def-res, EMPIRE SKATE CLUB OF NEW YORK, INC., def — The Saftler Law Firm, New York (James W. Bacher of counsel), for ap — Goldman & Grossman, New York (Eleanor R. Goldman of counsel), for res — Order, Supreme Court, New York County (Joan A. Madden, J.), entered on or about March 28, 2012, which, insofar as appealed from, denied plaintiff Philip Wollruch’s (plaintiff) motion for summary judgment and granted defendant Robert Jaekel’s cross motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

Dismissal of the complaint as against defendant Jaekel was appropriate in this action where plaintiff was injured while participating in a sponsored in-line skating event, when Jaekel lost his balance and collided with him, after another participant veered into Jaekel’s path. Although Vehicle and Traffic Law §1231 makes the provisions of that statute applicable to in-line skaters on a roadway, plaintiff failed to raise a triable issue regarding whether Jaekel violated an applicable provision of the Vehicle and Traffic Law.