Opinion
October 1, 1990
Appeal from the Supreme Court, Suffolk County (Brown, J.).
Ordered that the order is reversed, on the law, without costs or disbursements, the motion is granted, and the complaint is dismissed.
The plaintiff was injured while playing in an amateur softball league on a field owned and maintained by the defendant Town of Babylon. The plaintiff alleged that as he attempted to make a double play, second base shifted underneath his foot, thus precipitating a collision with a runner sliding into the base. The defendant claims that the plaintiff assumed the risk of injury and, therefore, summary judgment in its favor should have been granted. We agree.
"[P]articipants properly may be held to have consented, by their participation, to those injury-causing events which are known, apparent or reasonably foreseeable consequences of the participation" (Turcotte v. Fell, 68 N.Y.2d 432, 439). Risks normally associated with a sport are foreseeable consequences of a person's participation.
Here, the plaintiff's injuries arose out of an event that was a risk inherent in the sport in which he was participating. Moreover, there was no evidence that the defendant had breached any duty of care toward the plaintiff. Accordingly, the defendant's motion for summary judgment dismissing the complaint is granted (see, Maddox v. City of New York, 66 N.Y.2d 270; Gallagher v. Town of N. Hempstead, 144 A.D.2d 637; Perretti v City of New York, 132 A.D.2d 537; cf., Stevens v. Central School Dist. No. 1, 25 A.D.2d 871, affd 21 N.Y.2d 780). Kooper, J.P., Harwood, Balletta and Rosenblatt, JJ., concur.