FERONE v. SACHEM C.S.D. AT HOLBROOK


225 A.D.2d 518 (1996)

639 N.Y.S.2d 43

John M. Ferone, Respondent, v. Sachem C.S.D. at Holbrook et al., Appellants

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

March 4, 1996


Ordered that the order is reversed, on the law, with costs, the respective motions of the defendants are granted, and the complaint is dismissed.

The plaintiff was injured during a softball game when, while chasing a long, foul, fly ball, he ran into a soccer goal post located on the field. In their respective motions for summary judgment the defendants contended that the plaintiff assumed the risk of injury. The Supreme Court denied the motions and we now reverse...

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