487 N.Y.S.2d 354 (1985)
A baseball player filed a negligence action against a city, a baseball club, and others for his injuries when he slipped and fell while fielding a ball on wet ground. The trial court denied motions for summary judgment dismissing his complaint and also denied motions to preclude certain evidence and to renew the motions to preclude. The city, baseball club, and others appealed.
The court reversed and granted summary judgment against the baseball player. As a professional baseball player, he assumed the risk of injury by participating in the sport. The baseball club did not violate its duty to provide him with a safe place to work under N.Y. Lab. Law § 200 because baseball players were not within the class of employees protected by the statute. In addition, his motion papers failed to substantiate any evidence of fault on the part of the club resulting in the field's wet condition. There was no evidence that he was directed to play by a superior after making known the field conditions or that he asked to be relieved from playing. Summary judgment was granted to all defending parties and the appeals from the discovery orders were dismissed as academic.
The court reversed the order denying the motions for summary judgment of a city, a baseball club, and others in a baseball player's negligence action for his injuries when he slipped and fell while fielding a ball. The court granted summary judgment to all defending parties and dismissed the appeals from two discovery orders as academic.
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