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CHECCHI v. SOCORRO

169 A.D.2d 807 (1991)

Bobby Checchi, Respondent, v. Tony Socorro, an Infant, by His Father and Natural Guardian, Anthony F. Socorro, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

January 28, 1991

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the motion is granted, and the complaint dismissed.

The plaintiff was injured when he was struck in the eye by a bat which flew out of the hands of the infant defendant Tony Socorro while playing stickball. As this court recently stated, "[p]ursuant to the doctrine of assumption of risk, an injured party may not seek...

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