Opinion
February 10, 1999
Appeal from Judgment of Court of Claims, McNamara, J. — Negligence.
PRESENT: GREEN, J. P., PINE, WISNER, PIGOTT, JR., AND BALIO, JJ.
Judgment unanimously affirmed without costs. Memorandum: Claimant commenced this action seeking damages for injuries he sustained while incarcerated at the Oneida Correctional Facility. He was injured when he slid into an anchored third base during a league softball game at the correctional facility. We reject his contention that the Court of Claims erred in dismissing the claim after trial. The credible testimony at the trial established that claimant had played in the league for two years on a field with stationary bases. Based on the record before us, we conclude that the court properly determined that claimant assumed the risk of injury from sliding during the game ( see, Tiedemann v. Notre Dame Academy, 227 A.D.2d 545).