OSBORNE v. OLEAN BD. OF EDUC.


186 A.D.2d 1059 (1992)

Janet Osborne, as Parent and Natural Guardian of Robert S. Osborne, Jr., Respondent, v. Olean Board of Education, Also Known as Olean School District, Appellant

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

October 7, 1992


Order unanimously reversed on the law without costs, motion granted and complaint dismissed.

Memorandum:

We agree with defendant School District that Supreme Court erred in failing to grant its motion for summary judgment dismissing plaintiff's complaint. The infant, an 11-year-old boy, assumed the risk of being struck by a baseball when he "walked in front of" or "between" his two friends, who were playing catch in an area outside the school that the infant...

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