Legal Opinion

Bukowski v. Clarkson University

Appellate Division of the Supreme Court of the State of New York

Decided July 14, 2011PublishedCited by 9 opinions

1Opinion of the CourtRose, J.

Plaintiff commenced this action to recover damages for injuries he sustained while participating in baseball practice as *737a freshman pitcher for defendant Clarkson University’s Division III intercollegiate baseball team. Plaintiff was pitching from an artificial mound at regulation distance to a batter in an indoor training facility when the batter hit a line drive that struck plaintiff in the face. After joinder of issue and discovery, Supreme Court (Teresi, J.) denied defendants’ motion for summary judgment dismissing the complaint.

During his jury trial testimony, plaintiff acknowledged that…

2Cases cited31 opinions

  1. Szczerbiak v. PilatNew York Court of Appeals · 1997
  2. Morgan v. StateNew York Court of Appeals · 1997
  3. Turcotte v. FellNew York Court of Appeals · 1986
  4. Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
  5. Baker v. Briarcliff School DistrictAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by9 opinions

  1. Whitaker v. CaseAppellate Division of the Supreme Court of the State of New York · 2014
  2. KNIGHT, FREDERICK G. v. HOLLAND, ROBERTAppellate Division of the Supreme Court of the State of New York · 2017
  3. Cannizzaro v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 2023
  4. Rosario v. Montalvo & Son Auto Repair Center, Ltd.Appellate Division of the Supreme Court of the State of New York · 2017
  5. Feinberg v. BorosAppellate Division of the Supreme Court of the State of New York · 2012

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