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MARTINO III v. VONNES

298 A.D.2d 505 (2002)

748 N.Y.S.2d 512

PETER MARTINO III, Respondent, v. ROBERT VONNES, Appellant.

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

Decided October 21, 2002.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff, an experienced softball player, was injured while playing second base in a league softball game when the defendant slid into him. The plaintiff commenced this action, inter alia, to recover damages for negligence. In his motion for summary judgment dismissing the complaint, the defendant argued...

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