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Esposito v. Carmel Central School District
Citations: 226 A.D.2d 421; 640 N.Y.S.2d 606; 1996 N.Y. App. Div. LEXIS 3545
Court: Appellate Division of the Supreme Court of the State of New York; April 8, 1996; New York; State Appellate Court
In a personal injury case, the plaintiff appeals a decision and a judgment from the Supreme Court of Putnam County, which dismissed his complaint following an incident where he was struck in the eye by a baseball while pitching batting practice. The court ruled that the appeal from the decision was dismissed as no appeal lies from a decision, and affirmed the judgment, awarding the defendants one bill of costs. The plaintiff, an experienced baseball player with a history of playing at both high school and college levels, acknowledged his awareness of the inherent risks in baseball, including the possibility of being hit by a ball. He participated voluntarily, with no evidence suggesting that the risk of injury was concealed or exacerbated, nor any direction from the coach to ignore such risks. The dismissal of the complaint was deemed appropriate. The court also reviewed the defendants' additional arguments and found them to lack merit.