Roberts v Boys & Girls Republic, Inc.

Roberts v Boys & Girls Republic, Inc. 2008 NY Slip Op 04951 [10 NY3d 889] June 5, 2008 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 6, 2008

[*1] Linda Roberts et al., Appellants,
v
Boys and Girls Republic, Inc., et al., Respondents, and Frank Alameda et al., Defendants.

Decided June 5, 2008

Roberts v Boy & Girls Republic, Inc., 51 AD3d 246, affirmed.

APPEARANCES OF COUNSEL

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.

{**10 NY3d at 889} OPINION OF THE COURT

Memorandum.

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-[*2]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 NY2d 471 [1997]; see also Trevett v City of Little Falls, 6 NY3d 884 [2006]).{**10 NY3d at 890}

Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

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.