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BALYSZAK v. COLLEGE

63 A.D.3d 1409 (2009)

882 N.Y.S.2d 335

MICHAEL BALYSZAK, Plaintiff, v. SIENA COLLEGE, Defendant and Third-Party Plaintiff-Respondent, and UNITED STATES VOLLEYBALL ASSOCIATION, INC., et al., Appellants. AMERICAN SPECIALTY INSURANCE SERVICES, INC., et al., Third-Party Defendants-Appellants.

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

Decided June 18, 2009.

Lahtinen, J.

Plaintiff sustained injuries when a referee's platform upon which he was standing collapsed during a volleyball tournament being held at defendant Siena College. Defendants United States Volleyball Association, Inc. and Bad Influence (Pac-Man) Volleyball Club (hereinafter collectively referred to as USVBA) had contracted with Siena to hold the tournament at the college's field house. The contract—entitled...

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