Opinion
January 16, 1996
Appeal from the Supreme Court, Nassau County (Roberto, J.).
Ordered that the order is affirmed, with costs.
The plaintiff, an experienced softball player, was injured during the eighth inning of a softball game when he slid headfirst into home plate and jammed his shoulder on a protruding corner of home plate. The plaintiff admitted that, prior to the accident, he had noticed that the third-base side of home plate was "being dug" by the batters.
It is well settled that those who voluntarily participate in a sporting activity "may be held to have consented, by their participation, to those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation" ( Turcotte v Fell, 68 N.Y.2d 432, 439). "`If the risks of the activity are fully comprehended or perfectly obvious, plaintiff has consented to them and defendant has performed its duty'" ( Pascucci v Town of Oyster Bay, 186 A.D.2d 725, 726). In the present case, the plaintiff admitted that he knew that the third-base side of home plate was "dug out". In addition, because the plaintiff, a right-handed batter, had batted several times during the game from that side of home plate, he had actually stood in the "ditch" next to the protruding corner of home plate. Under these circumstances, the risk presented by the "protruding home plate" was not a concealed one, and the plaintiff consciously assumed that risk by his voluntary participation in the game ( see, Gonzalez v City of New York, 203 A.D.2d 421; Pascucci v Town of Oyster Bay, supra; Russini v Incorporated Vil. of Mineola, 184 A.D.2d 561; Hoffman v City of New York, 172 A.D.2d 716). Accordingly, the court properly dismissed the complaint insofar as it is asserted against the Incorporated Village of Freeport.
We have considered the plaintiff's remaining contentions and find them to be without merit. Bracken, J.P., O'Brien, Ritter, Friedmann and Goldstein, JJ., concur.