Opinion
November 7, 1994
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the order is reversed, on the law, with costs, the defendant's motion is granted, and the complaint is dismissed.
The then-15-year-old plaintiff, William Rich, was injured while playing catcher in a Little League game, when he collided with an opposing player at home plate. The defendant established, as a matter of law, its affirmative defense based on the doctrine of assumption of the risk (see, Benitez v. New York City Bd. of Educ., 73 N.Y.2d 650; Turcotte v. Fell, 68 N.Y.2d 432; Kennedy v Rockville Centre Union Free School Dist., 186 A.D.2d 110). The plaintiffs failed to present sufficient evidence to support their claim that assigning Rich to the position of catcher in this game unreasonably increased the risks inherent in playing the game of baseball. In addition, the doctrine of inherent compulsion does not apply under these circumstances (see, Benitez v. New York City Bd. of Educ., supra). Lawrence, J.P., O'Brien, Joy and Altman, JJ., concur.