Bartucelli v. New York City Board of Education

Appellate Division of the Supreme Court of New York

Bartucelli v. New York City Board of Education

233 A.D.2d 352, 650 N.Y.S.2d 588, 1996 N.Y. App. Div. LEXIS 11721

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 12, 1996

StatusPublished

Cited by2 cases

This text of 233 A.D.2d 352 (Bartucelli v. New York City Board of Education) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bartucelli v. New York City Board of Education, 233 A.D.2d 352, 650 N.Y.S.2d 588, 1996 N.Y. App. Div. LEXIS 11721 (N.Y. Ct. App. 1996).

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Opinion

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Leone, J.), dated March 21, 1995, which granted the defendant’s motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the plaintiffs and for judgment as a matter of law dismissing the complaint.

Ordered that the order is affirmed, with costs.

The record demonstrates, as a matter of law, that the plaintiff, an experienced softball player, assumed the risk of the injury which she sustained upon voluntarily participating in an interscholastic softball game (see, Tiedemann v Notre Dame Academy, 227 AD2d 545; Rich v West Shore Little League, 209 AD2d 396; Gonzalez v City of New York, 203 AD2d 421; Strauss v Town of Oyster Bay, 201 AD2d 553; Melko v Town of Islip, 172 AD2d 729; Hoffman v City of New York, 172 AD2d 716, cf., Castello v County of Nassau, 223 AD2d 571; see also, Benitez v New York City Bd. of Educ., 73 NY2d 650). O’Brien, J. P., Ritter, Sullivan and Luciano, JJ., concur.

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In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Leone, J.), dated March 21, 1995, which granted the defendant’s motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the plaintiffs and for judgment as a matter of law dismissing the complaint.

Ordered that the order is affirmed, with costs.

The record demonstrates, as a matter of law, that the plaintiff, an experienced softball player, assumed the risk of the injury which she sustained upon voluntarily participating in an interscholastic softball game (see, Tiedemann v Notre Dame Academy, 227 AD2d 545; Rich v West Shore Little League, 209 AD2d 396; Gonzalez v City of New York, 203 AD2d 421; Strauss v Town of Oyster Bay, 201 AD2d 553; Melko v Town of Islip, 172 AD2d 729; Hoffman v City of New York, 172 AD2d 716, cf., Castello v County of Nassau, 223 AD2d 571; see also, Benitez v New York City Bd. of Educ., 73 NY2d 650). O’Brien, J. P., Ritter, Sullivan and Luciano, JJ., concur.

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Bluebook (online)

233 A.D.2d 352, 650 N.Y.S.2d 588, 1996 N.Y. App. Div. LEXIS 11721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bartucelli-v-new-york-city-board-of-education-nyappdiv-1996.

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