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RODRIGUEZ v. CITY OF NEW YORK

4534, 25385/00.

82 A.D.3d 563 (2011)

918 N.Y.S.2d 718

GERARDO RODRIGUEZ, Appellant, v. CITY OF NEW YORK et al., Respondents, et al., Defendants.

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

Decided March 17, 2011.

Dismissal of the complaint was appropriate since plaintiff assumed the risk that resulted in his injury (see Roberts v Boys & Girls Republic, Inc., 51 A.D.3d 246, 247 [2008], affd 10 N.Y.3d 889 [2008]). The record demonstrates that plaintiff was aware that batting practice was taking place as he was standing at the open gate in an...

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