TORRE v. CITY OF GLEN COVE (1999)

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Schmidt, J.), dated December 1, 1997, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

The Supreme Court properly concluded that the plaintiff assumed the risks inherent in playing on the softball field where he sustained his injuries, including those risks associated with the construction of the field and any open and obvious conditions on it (see, Morgan v. State of New York, 90 N.Y.2d 471, 484, 662 N.Y.S.2d 421, 685 N.E.2d 202;  Maddox v. City of New York, 66 N.Y.2d 270, 277, 496 N.Y.S.2d 726, 487 N.E.2d 553;  Brown v. City of New York, 251 A.D.2d 361, 674 N.Y.S.2d 82;  Gahan v. Mineola Union Free School Dist., 241 A.D.2d 439, 660 N.Y.S.2d 144;  McKey v. City of New York, 234 A.D.2d 114, 650 N.Y.S.2d 706;  Bartucelli v. New York City Bd. of Educ., 233 A.D.2d 352, 650 N.Y.S.2d 588;  Tiedemann v. Notre Dame Academy, 227 A.D.2d 545, 643 N.Y.S.2d 381;  Russini v. Incorporated Vil. of Mineola, 184 A.D.2d 561, 584 N.Y.S.2d 622).

MEMORANDUM BY THE COURT.