Bartucelli v. New York City Board of Education

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Richmond County (Leone, J.), dated March 21, 1995, which granted the defendant’s motion pursuant to CPLR 4404 (a) to set aside a jury verdict in favor of the plaintiffs and for judgment as a matter of law dismissing the complaint.

Ordered that the order is affirmed, with costs.

The record demonstrates, as a matter of law, that the plaintiff, an experienced softball player, assumed the risk of the injury which she sustained upon voluntarily participating in an interscholastic…