Harris v. Cherry Valley-Springfield School District

Crew III, J.P.

Appeal from an amended order of the Supreme Court (Dowd, J.), entered November 11, 2002 in Otsego County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff was a member of defendant’s high school varsity baseball team and attended practice at the school’s gymnasium on March 9, 1999. On that day, plaintiff engaged in batting practice, facing approximately 48 pitches delivered from a Bull Dog 2 pitching machine, with the pitches being thrown at approximately 78 miles per hour. At the conclusion of the regular practice session, plaintiff and…