TORRES v. STATE 88188 (1999)

Supreme Court, Appellate Division, Fourth Department, New York.

Daniel TORRES, Appellant, v. STATE of New York, Respondent. (Claim No. 88188.)

Decided: February 10, 1999

PRESENT: GREEN, J.P., PINE, WISNER, PIGOTT, Jr., and BALIO, JJ.

Lockwood & Golden by B. Brooks Benson, Utica, for Plaintiff-Appellant. Eliot Spitzer, Attorney General, Albany, for Defendant-Respondent.

Claimant commenced this action seeking damages for injuries he sustained while incarcerated at the Oneida Correctional Facility. He was injured when he slid into an anchored third base during a league softball game at the correctional facility. We reject his contention that the Court of Claims erred in dismissing the claim after trial. The credible testimony at the trial established that claimant had played in the league for two years on a field with stationary bases. Based on the record before us, we conclude that the court properly determined that claimant assumed the risk of injury from sliding during the game (see, Tiedemann v. Notre Dame Academy, 227 A.D.2d 545, 643 N.Y.S.2d 381).

Judgment unanimously affirmed without costs.

MEMORANDUM:

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