HARTING v. CMTY. REFORMED CHURCH OF COLONIE


198 A.D.2d 621 (1993)

603 N.Y.S.2d 637

Joseph Harting, Appellant, v. Community Reformed Church of Colonie, Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 10, 1993


Mercure, J.

Plaintiff, a player on a softball team sponsored by defendant in a church league, suffered the injuries forming the basis for this action when a weighted warm-up "doughnut" slipped off a teammate's bat and struck plaintiff on the head. Supreme Court granted summary judgment in favor of defendant on the ground that the uncontroverted proof established defendant's freedom from negligence in that it did not supervise or control the softball team...

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