New York Court of Appeals
Roberts v. Boys and Girls Republic, Inc.
June 5, 200810 N.Y.3d 889
Summary
The Court of Appeals affirmed the Appellate Division's dismissal of the plaintiff's negligence suit, holding that the plaintiff had assumed the risk of injury by observing batting equipment and players swinging bats at the ballpark. The decision relied on New York precedent that such knowledge negates liability.