Ruben v. Jewish Center of Greater Buffalo, Inc.

Order unanimously reversed, on the law, with costs, and defendant Mooney’s motion granted. Memorandum: Defendant Mooney is entitled to summary judgment dismissing the complaint. Plaintiff commenced this personal injury action against Mooney and the Jewish Center of Greater Buffalo after he sustained an injury to his eye when struck by a racquetball propelled by Mooney. The inaccurate return of the ball by Mooney does not constitute negligence (McGee v Board of Educ., 16 AD2d 99, 102-103, appeal dismissed 12 NY2d 1100). Upon our examination of the pleadings, affidavits and EBT transcript, we…