ROBERTS v. Frank Alameda et al., Defendants. (2008)

Court of Appeals of New York.

Linda ROBERTS et al., Appellants, v. BOYS AND GIRLS REPUBLIC, INC., et al., Respondents, Frank Alameda et al., Defendants.

Decided: June 05, 2008

Gregory J. Cannata & Associates, New York City (Gregory J. Cannata of counsel), for appellants. Lester Schwab Katz & Dwyer, LLP, New York City (Harry Steinberg of counsel), for respondents.

OPINION OF THE COURT

The order of the Appellate Division should be affirmed, with costs.

While at a ballpark, plaintiff sustained injuries when a baseball player in an off-field on-deck batting circle struck her with a bat. Because plaintiff concededly observed batting equipment and players swinging bats in the area where the accident occurred, the Appellate Division correctly held that she had assumed the risk of her injuries, and properly affirmed the Supreme Court order dismissing the complaint (see Morgan v. State of New York, 90 N.Y.2d 471, 662 N.Y.S.2d 421, 685 N.E.2d 202 [1997]; see also Trevett v. City of Little Falls, 6 N.Y.3d 884, 816 N.Y.S.2d 738, 849 N.E.2d 961 [2006] ).

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

MEMORANDUM.

Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.

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