Martinelli v. Town of East Fishkill

Appellate Division of the Supreme Court of New York

Martinelli v. Town of East Fishkill

300 A.D.2d 551, 752 N.Y.S.2d 569

CourtAppellate Division of the Supreme Court of the State of New York

DecidedDecember 23, 2002

StatusPublished

Cited by1 cases

This text of 300 A.D.2d 551 (Martinelli v. Town of East Fishkill) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Martinelli v. Town of East Fishkill, 300 A.D.2d 551, 752 N.Y.S.2d 569 (N.Y. Ct. App. 2002).

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Opinion

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Hillery, J.), dated October 22, 2001, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The record demonstrates that the plaintiff James Martinelli, an experienced softball player, assumed the risk of the injury which he sustained while sliding into a base upon voluntarily participating in a softball league game (see Tiedemann v Notre Dame Academy, 227 AD2d 545, 546; Castello v County of Nassau, 223 AD2d 571; Totino v Nassau County Council of Boy Scouts of Am., 213 AD2d 710, 711; Robinson v Town of Babylon, 166 AD2d 434, 435), and no triable issue of fact regarding the defendants’ maintenance of the softball field and equipment was raised.

Accordingly, the Supreme Court correctly granted the defendants’ motion for summary judgment dismissing the complaint. Ritter, J.P., Goldstein, Crane and Mastro, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Hillery, J.), dated October 22, 2001, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The record demonstrates that the plaintiff James Martinelli, an experienced softball player, assumed the risk of the injury which he sustained while sliding into a base upon voluntarily participating in a softball league game (see Tiedemann v Notre Dame Academy, 227 AD2d 545, 546; Castello v County of Nassau, 223 AD2d 571; Totino v Nassau County Council of Boy Scouts of Am., 213 AD2d 710, 711; Robinson v Town of Babylon, 166 AD2d 434, 435), and no triable issue of fact regarding the defendants’ maintenance of the softball field and equipment was raised.

Accordingly, the Supreme Court correctly granted the defendants’ motion for summary judgment dismissing the complaint. Ritter, J.P., Goldstein, Crane and Mastro, JJ., concur.

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Bluebook (online)

300 A.D.2d 551, 752 N.Y.S.2d 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martinelli-v-town-of-east-fishkill-nyappdiv-2002.

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