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BALONE v. NEW YORK STATE AMATEUR SOFTBALL ASSOCIATION, INC.

2008-11205

71 A.D.3d 710 (2010)

895 N.Y.S.2d 730

SUSAN BALONE et al., Respondents, v. NEW YORK STATE AMATEUR SOFTBALL ASSOCIATION, INC., et al., Defendants, and DUTCHESS COUNTY GIRLS FASTPITCH SOFTBALL ASSOCIATION et al., Appellants.

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

Decided March 9, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

In 2003 the plaintiff Susan Balone (hereinafter the injured plaintiff) allegedly was injured when she was accidentally struck by a ball while participating in one of two simultaneous softball clinics for girls run by the defendants Dutchess County Girls Fastpitch Softball Association and Dutchess Debs (hereinafter together the Dutchess defendants). In moving for summary judgment, the Dutchess...

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