Opinion
2001-10108
December 2, 2002.
December 23, 2002.
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.
Spiegel, Brown, Fichera Acard, Poughkeepsie, N.Y. (Brian D. Acard of counsel), for appellants.
Cook, Tucker, Netter Cloonan, P.C., Kingston, N.Y. (Michael T. Cook of counsel), for respondents.
Before: DAVID S. RITTER, J.P., GLORIA GOLDSTEIN, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
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 A.D.2d 545, 546; Castello v. County of Nassau, 223 A.D.2d 571; Totino v. Nassau County Council of Boy Scouts of Am., 213 A.D.2d 710, 711; Robinson v. Town of Babylon, 166 A.D.2d 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.