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F.T. v. LOISAIDA, INC.

Index No. 305991/14. Appeal No. 13423. Case No. 2020-00054.

192 A.D.3d 611 (2021)

2021 NY Slip Op 01875

F.T., an Infant, by His Mother and Natural Guardian, Amanda Guillot, et al., Appellants, v. Loisaida, Inc., Defendant, and Felix Millian Little League, Respondent.

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

Decided March 25, 2021.

Attorney(s) appearing for the Case

David J. Hernandez & Associates, Brooklyn ( David J. Hernandez of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Singh, González, JJ.

Summary judgment was properly granted in this action where the 13-year-old infant plaintiff was injured when, as he was fielding third base in a baseball game, a base runner slid into the base and collided with his left shin. The infant plaintiff had played baseball for seven years, and voluntarily assumed the inherent risks of the game (see Woo v United Nations Intl. Sch., 137 A.D.3d 488, 489 [1st Dept 2016]; Navarro v City of...

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