CASTELLO v. COUNTY OF NASSAU


223 A.D.2d 571 (1996)

636 N.Y.S.2d 817

Donne R. Castello, Appellant, v. County of Nassau et al., Defendants, and Incorporated Village of Freeport, Respondent

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

January 16, 1996


Ordered that the order is affirmed, with costs.

The plaintiff, an experienced softball player, was injured during the eighth inning of a softball game when he slid headfirst into home plate and jammed his shoulder on a protruding corner of home plate. The plaintiff admitted that, prior to the accident, he had noticed that the third-base side of home plate was "being dug" by the batters.

It is well settled that those who voluntarily participate in a sporting...

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