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GILLEN v. NASSAU SEMI-FAST SOFTBALL LEAGUE

49 A.D.3d 500 (2008)

853 N.Y.S.2d 590

PETER GILLEN, Appellant, v. NASSAU SEMI-FAST SOFTBALL LEAGUE, Respondent, et al., Defendant.

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

Decided March 4, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff was injured while playing catcher in a softball league game when he collided with a base runner from the opposing team near home plate. The defendant Nassau Semi-Fast Softball League (hereinafter the League) established its entitlement to judgment as a matter of law by demonstrating that the risk of such collision with another player is inherent in the sport of softball (see Morgan v State of New York...

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