Perez v. City of New York

In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Landicino, J.), dated May 6, 2013, which denied their motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, and the defendants’ motion for summary judgment dismissing the complaint is granted.

The plaintiff, a then-17-year-old member of her high school varsity softball team, was injured during a game when she slid into home plate and her left foot “got stuck” in mud. The plaintiff testified, both at a hearing…