Cuesta v. Immaculate Conception Roman Catholic Church

In a negligence action to recover damages for personal injuries, etc., the defendants appeal from so much of an order of the Supreme Court, Queens County (Joy, J.), dated November 3, 1988, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the defendants’ motion for summary judgment is granted, and the complaint is dismissed.

The plaintiff Raul Cuesta was injured when he was struck in the eye by a baseball thrown by the catcher as Raul stood behind the pitcher, while…