Schneider v. Levittown Union Free School Dist

In Schneider v. Levittown Union Free School Dist., (303 A.D.2d 394 [2nd Dept 2003]), a high school students decided to play "a game of war," using a tennis ball. The object of the "game" was to hit someone on the opposing team with a tennis ball. During the game, the tennis ball hit the plaintiff in his left eye. In ordering that the summary judgment motion be granted and the complaint dismissed, the appellate court stated: "The ultimate purpose of the game was to hit the other players with the balls, and the risk of being hit anywhere on the body was inherent in the game and was within the risk assumed" (303 A.D.2d at 395).