Opinion
2001-11082
Argued October 3, 2002.
October 21, 2002.
In an action to recover damages for personal injuries, the defendant appeals from an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated December 3, 2001, which denied his motion for summary judgment dismissing the complaint.
McCabe, Collins, McGeough Fowler, Mineola, N.Y. (Patrick M. Murphy of counsel), for appellant.
Bernard A. Nathan, P.C., Hauppauge, N.Y., for respondent.
Before: SONDRA MILLER, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The plaintiff, an experienced softball player, was injured while playing second base in a league softball game when the defendant slid into him. The plaintiff commenced this action, inter alia, to recover damages for negligence. In his motion for summary judgment dismissing the complaint, the defendant argued that the plaintiff assumed the risk of injury. The Supreme Court denied the motion. We reverse.
The plaintiff, as a voluntary participant in a softball league game, assumed the risk that he might be injured by a sliding opposing player (see Morgan v. State of New York, 90 N.Y.2d 471; Turcotte v. Fell, 68 N.Y.2d 432; Rosenblatt v. Kahn, 245 A.D.2d 438; Totino v. Nassau County Council of Boy Scouts, 213 A.D.2d 710). Accordingly, the defendant's motion should have been granted.
S. MILLER, J.P., KRAUSMAN, GOLDSTEIN and RIVERA, JJ., concur.