TRIPI v. BYRAM HILLS SCHOOL DISTRICT

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

Joseph TRIPI, etc., Appellant, v. BYRAM HILLS SCHOOL DISTRICT, et al., Respondents.

Decided: December 30, 2002

DAVID S. RITTER, J.P., DANIEL F. LUCIANO, BARRY A. COZIER and REINALDO E. RIVERA, JJ. David I. Grauer, White Plains, NY, for Appellant. McCormick & Turpin, Pearl River, N.Y. (Robert D. Wilkins and Judy Brown of counsel), for Respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Westchester County (Cowhey, J.), dated February 5, 2002, which granted the defendants' motion for summary judgment dismissing the complaint and denied his cross motion for partial summary judgment.

ORDERED that the order is affirmed, with costs.

This action was commenced to recover damages for personal injuries sustained by the plaintiff as a result of being tackled during his middle school team's football practice.

Contrary to the plaintiff's contention, the Supreme Court properly granted summary judgment in favor of the defendants and denied his cross motion for partial summary judgment.   The defendants made a prima facie showing of entitlement to judgment as a matter of law by demonstrating that the plaintiff assumed the risk of injury from being tackled (see Morgan v. State of New York, 90 N.Y.2d 471, 662 N.Y.S.2d 421, 685 N.E.2d 202;  Turcotte v. Fell, 68 N.Y.2d 432, 439, 510 N.Y.S.2d 49, 502 N.E.2d 964).   In opposition, the plaintiff failed to raise a triable issue of fact (see Zuckerman v. City of New York, 49 N.Y.2d 557, 427 N.Y.S.2d 595, 404 N.E.2d 718).

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