Eddy v. Syracuse University

Judgment unanimously affirmed, with costs. Memorandum: Defendant appeals from a judgment awarding damages for personal injuries sustained by plaintiff on March 27,1977 in a gymnasium on defendant’s campus. Defendant offered no proof at trial and argues here, as it did before the trial court, that as a matter of *990law the facts do not support a finding of negligence, and that plaintiff’s assumption of risk in playing in the gymnasium in the manner he did was the proximate cause of the accident. Plaintiff, a student from Harpur College, was injured while playing in a game called “ultimate…