ROSENBLATT v. KAHN


245 A.D.2d 438 (1997)

666 N.Y.S.2d 666

Jeffrey Rosenblatt, Appellant, v. Andrew M. Kahn, Respondent

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

December 15, 1997


Ordered that the order is affirmed, with costs.

The plaintiff, an experienced softball player, was injured when, while playing first base in a league softball game, the defendant slid into him after hitting a ground ball to the shortstop. In his motion for summary judgment dismissing the complaint, the defendant argued that sliding into first base was a foreseeable event during a softball game and that the plaintiff had assumed the risk of the injury at issue. The...

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