Opinion
Decided June 5, 2008.
APPEAL from an order of the Appellate Division of the Supreme Court in the First Judicial Department, entered January 8, 2008. The Appellate Division, with two Justices dissenting, affirmed an order of the Supreme Court, New York County (Jane S. Solomon, J.; op 2006 NY Slip Op 30334[U]), which, insofar as appealed from, granted defendants-respondents' motion for summary judgment dismissing the complaint.
Roberts v Boys Girls Republic, Inc., 51 AD3d 246, affirmed.
Gregory J. Cannata Associates, New York City ( Gregory J. Cannata of counsel), for appellants.
Lester Schwab Katz Dwyer, LLP, New York City ( Harry Steinberg of counsel), for respondents.
Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur.
OPINION OF THE COURT
The order of the Appellate Division should be affirmed, with costs.
While at a ballpark, plaintiff sustained injuries when a baseball player in an off-field on-deck batting circle struck her with a bat. Because plaintiff concededly observed batting equipment and players swinging bats in the area where the accident occurred, the Appellate Division correctly held that she had assumed the risk of her injuries, and properly affirmed the Supreme Court order dismissing the complaint ( see Morgan v State of New York, 90 NY2d 471; see also Trevett v City of Little Falls, 6 NY3d 884).
On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals ( 22 NYCRR 500.11), order affirmed, with costs, in a memorandum.