IOSUE v. LOUGHLIN


262 A.D.2d 532 (1999)

692 N.Y.S.2d 664

GRACE IOSUE et al., Respondents, v. NICHOLAS LOUGHLIN, an Infant, by His Parent and Natural Guardian, KATHLEEN LOUGHLIN, et al., Defendants and Third-Party Plaintiffs-Appellants. HARMONY HEIGHTS HIGH SCHOOL, Third-Party Defendant.

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

Decided June 21, 1999.


Ordered that the order is affirmed insofar as appealed from, with costs.

The Supreme Court properly determined that there were issues of fact as to whether the plaintiff-teacher assumed the risk of being hit by a bat during the softball game in which she participated, in light of the evidence supporting her claim of inherent compulsion by her employer, the third-party defendant school, to participate in the game (see, Benitez v New York City Bd. of Educ., ...

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