Martinelli v. Town of East Fishkill

—In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Dutchess County (Hillery, J.), dated October 22, 2001, which granted the defendants’ motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The record demonstrates that the plaintiff James Martinelli, an experienced softball player, assumed the risk of the injury which he sustained while sliding into a base upon voluntarily participating in a softball league game (see Tiedemann v Notre Dame Academy, 227 AD2d 545, 546; Castello v…