Benjamin Greenfield (Partner-Philadelphia, PA) and Larry Lum (Partner-New York, NY) convinced the Supreme Court of the State of New York, County of Queens, to grant their summary judgment motion on behalf of a premiere New York sports venue. The plaintiff alleged that a T-shirt was shot out of an air cannon at a “direct angle” to his location, which increased the ordinary risks inherent in the activity, and reported the incident to multiple news outlets. The court agreed with Ben and Larry that the plaintiff’s experience and keen observations of the air cannon operator at this and prior events reflect the open and obvious nature of the risk presented. The court also agreed that the plaintiff’s points raised regarding the “direct trajectory” of the shot making it more dangerous than other projections from the air cannon were speculative and insufficient to create a factual issue regarding the supposed “danger.” Further, the court noted that even accepting these allegations of a more direct angle as true, the plaintiff cannot prove that a more arced shot would have led to a different result. The court also noted that the plaintiff deliberately moved closer to the air cannon and placed himself in what he hoped to be the T-shirt’s direct path, which made his role as a participant even clearer and thus reinforces the application of the primary assumption of risk doctrine. Beyond being notable, this decision amounts more broadly to a favorable decision in the Assumption of Risk realm concerning what was an issue of first impression in New York regarding a patron being struck by a T-shirt projected into the stands.