GRACE v. CAYUGA YOUTH ATHLETIC ASSN., INC.

726 CA 21-01752.

210 A.D.3d 1492 (2022)

178 N.Y.S.3d 859

2022 NY Slip Op 06586

Matthew S. Grace, Respondent, v. Cayuga Youth Athletic Association, Inc., Appellant.

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

Decided November 18, 2022.


Attorney(s) appearing for the Case

GOLDBERG SEGALLA LLP, BUFFALO ( JAMES M. SPECYAL OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present —Peradotto, J.P., Lindley, Curran, Winslow and Bannister, JJ.


Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered August 26, 2021. The order denied defendant's motion for summary judgment dismissing plaintiff's complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when he was hit with a baseball bat at a youth baseball game. Plaintiff was struck in the...

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