2008 NY Int. 77
This opinion is uncorrected and subject to revision before publication in the Official Reports.
2008 NY Slip Op 04951
Decided on June 5, 2008
No. 134 SSM 11
Linda Roberts, et al., Appellants,
v
Boys and Girls Republic, Inc. et al., Respondents, Frank Alameda, et al., Defendants.
Submitted by Gregory J. Cannata, for appellants.
Submitted by Harry Steinberg, for respondents.
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- 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]).
* * * * * * * * * * * * * * * * *
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided June 5, 2008