Opinion
April 18, 1994
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the order is affirmed, with one bill of costs payable by the appellants appearing separately and filing separate briefs.
The infant plaintiff was injured while sliding into home plate during the course of a baseball game in Prospect Park. The plaintiffs theorize that this injury was caused by a defect in the playing field surrounding home plate. In light of the fact that the infant plaintiff acknowledged that he had observed the alleged defect prior to the accident, we conclude that he assumed the risk inherent in sliding into home plate, notwithstanding the presence of this defect, so that he is precluded from recovery against the City of New York, the alleged owner of the property (see, Benitez v New York City Bd. of Educ., 73 N.Y.2d 650, 657; Morales v New York City Hous. Auth., 187 A.D.2d 295). Because the City of New York, as a matter of law, cannot be liable to the plaintiffs, and because there is no proof of any duty owed by the City of New York directly to the codefendant St. Savior Church, it follows that the City of New York cannot be liable to this codefendant based on standard theories of contribution (see, CPLR 1401; see also, Nassau Roofing Sheet Metal Co. v Facilities Dev. Corp., 71 N.Y.2d 599; Schauer v Joyce, 54 N.Y.2d 1, 5; DiMarco v New York City Health Hosps. Corp., 187 A.D.2d 479; Sutherland v Hallen Constr. Co., 183 A.D.2d 887, 889-890; Diven v Village of Hastings-on-Hudson, 156 A.D.2d 538). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.