CUSANO v. BOARD OF EDUCATION OF LIVERPOOL CENTRAL SCHOOL DISTRICT

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

Christopher M. CUSANO, Plaintiff-Appellant, v. BOARD OF EDUCATION OF LIVERPOOL CENTRAL SCHOOL DISTRICT, Defendant-Respondent.

Decided: September 29, 2000

Present:  GREEN, J.P., PINE, HAYES, HURLBUTT and KEHOE, JJ. Mark A. Ventrone, Syracuse, for plaintiff-appellant. Timothy J. Perry, Syracuse, for defendant-respondent.

 Plaintiff commenced this action to recover damages for injuries that he sustained when he collided with another student while participating in a lacrosse game in the gymnasium at Soule Road Middle School.   The game took place in the interval between the end of plaintiff's gym class and the beginning of the next period.   Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint.   The record establishes that plaintiff voluntarily participated in the game and that defendant breached no duty to protect plaintiff from “unassumed, concealed or unreasonably increased risks” (Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650, 658, 543 N.Y.S.2d 29, 541 N.E.2d 29;  see also, Marlowe v. Rush-Henrietta Cent. School Dist., 167 A.D.2d 820, 561 N.Y.S.2d 934, affd. 78 N.Y.2d 1096, 578 N.Y.S.2d 872, 586 N.E.2d 55).   The record further establishes that plaintiff assumed the risk of injury from colliding with another player, a “risk inherent in * * * lacrosse and other sports that involve contact” (Regan v. State of New York, 237 A.D.2d 851, 853, 654 N.Y.S.2d 488, lv. denied 91 N.Y.2d 802, 667 N.Y.S.2d 682, 690 N.E.2d 491).

Order unanimously affirmed without costs.

MEMORANDUM: