Reset A A Font size: Print

Supreme Court, Appellate Division, Second Department, New York.

Kathleen LaROCCA, appellant, v. PLEASANT VALLEY LITTLE LEAGUE, et al., respondents.

Decided: February 28, 2005

GABRIEL M. KRAUSMAN, J.P., WILLIAM F. MASTRO, REINALDO E. RIVERA, and PETER B. SKELOS, JJ. Kelly & Meenagh, Poughkeepsie, N.Y. (Thomas F. Kelly III and Kevin Greco of counsel), for appellant. Ahmuty, Demers & McManus, Albertson, N.Y. (Neil J. Palmieri and Brendan T. Fitzpatrick of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Dolan, J.), dated June 11, 2003, which granted the defendants' motion for summary judgment dismissing the complaint.

ORDERED that the order is affirmed, with costs.

Contrary to the plaintiff's contention, the defendants established their entitlement to judgment as a matter of law based upon the doctrine of assumption of the risk ordinarily associated with being a spectator at a sporting event (see Akins v. Glens Falls City School Dist., 53 N.Y.2d 325, 441 N.Y.S.2d 644, 424 N.E.2d 531;  Koenig v. Town of Huntington, 10 A.D.3d 632, 633, 782 N.Y.S.2d 92;  Suarez v. HBQVB Athletic Assn., 303 A.D.2d 396, 397, 755 N.Y.S.2d 877;  Honohan v. Turrone, 297 A.D.2d 705, 706, 747 N.Y.S.2d 543;  Lynch v. Board of Educ. for Oceanside School Dist., 225 A.D.2d 741, 741-742, 640 N.Y.S.2d 142;  Clark v. Goshen Sunday Morning Softball League, 122 A.D.2d 769, 770, 505 N.Y.S.2d 655).   In opposition, the plaintiff failed to present competent evidence that the defendants did not provide adequate supervision or that the defendants unreasonably increased the inherent risks of injury from the game of baseball (see id.;   cf. Muniz v. Warwick School Dist., 293 A.D.2d 724, 743 N.Y.S.2d 113).

Copied to clipboard