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WOO v. UNITED NATIONS INTERNATIONAL SCHOOL

421, 105541/08.

137 A.D.3d 488 (2016)

27 N.Y.S.3d 18

2016 NY Slip Op 01597

WILLIS WOO, Appellant, v. UNITED NATIONS INTERNATIONAL SCHOOL et al., Respondents, et al., Defendants.

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

Decided March 8, 2016.

Summary judgment was properly granted in this action where plaintiff was injured when he was struck in the face by a baseball thrown by DeRosa, since plaintiff assumed the risk of injuries resulting from DeRosa's thrown ball during a pre-game warm-up (see Bukowski v Clarkson Univ., 19 N.Y.3d 353 [2012]; Godwin v Russi, 62 A.D.3d 945 [2d Dept 2009]). Plaintiff's claim that UNIS failed to...

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