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MURPHY v. POLYTECHNIC UNIVERSITY

18 Misc.3d 623 (2007)

850 N.Y.S.2d 339

PATRICIA MURPHY, Plaintiff, v. POLYTECHNIC UNIVERSITY et al., Defendants.

Supreme Court, Kings County.

December 31, 2007.

Attorney(s) appearing for the Case

Wade Clark Mulcahy, New York City, for defendants.

Jacoby & Myers, LLP, Newburgh, for plaintiff.

OPINION OF THE COURT

HERBERT KRAMER, J.

The defendant Barrett was the head coach on the defendant university's softball team and had 25 years' experience with T-drill practice. Plaintiff was injured when the defendant hit her in the face with the bat while he was demonstrating this batting technique to her. Defendant moves for summary judgment dismissing the complaint upon the theory that the plaintiff assumed...

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