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BARTUCELLI v. NEW YORK CITY BD. OF EDUC.

233 A.D.2d 352 (1996)

650 N.Y.S.2d 588

Donna Bartucelli, an Infant, by Her Mother and Natural Guardian, Lorraine Bartucelli, et al., Appellants, v. New York City Board of Education, Respondent

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

November 12, 1996

Ordered that the order is affirmed, with costs.

The record demonstrates, as a matter of law, that the plaintiff, an experienced softball player, assumed the risk of the injury which she sustained upon voluntarily participating in an interscholastic softball game (see, Tiedemann v Notre Dame Academy, 227 A.D.2d 545; Rich v West Shore Little League, 209 A.D.2d 396; Gonzalez...

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