MERINO v. BOARD OF EDUCATION OF THE CITY OF NEW YORK


59 A.D.3d 248 (2009)

873 N.Y.S.2d 65

ALEJANDRO MERINO, an Infant, by His Mother and Natural Guardian, NEIRMA ENCARNACION, et al., Respondents, v. BOARD OF EDUCATION OF THE CITY OF NEW YORK et al., Appellants.

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

Decided February 17, 2009.


An issue of fact exists as to whether plaintiff assumed the risk of playing catcher without any catcher protective gear. Such issue is raised by evidence that plaintiff was nine years old at the time of the accident and had never played the position of catcher before, and that camp counselors organized and supervised the game, instructed plaintiff to play catcher, did not instruct game participants on the risks of playing softball without appropriate protective gear, and...

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