Legal Opinion

Morrisey v. Haskell

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

Decided November 5, 2015No. 520158PublishedCited by 1 opinion

1Opinion of the CourtLynch, J.

Appeal from an order of the Supreme Court (Reynolds Fitzgerald, J.), entered August 26, 2014 in Broome County, which granted defendant’s motion for summary judgment dismissing the complaint.

Plaintiff James C. Morrisey, and his spouse, derivatively, commenced this action after he was struck by a bat and injured during a softball game that he was umpiring. It is undisputed that Morrisey, who was not wearing a face mask, was injured when defendant threw his bat after hitting an infield pop-up. Supreme Court granted defendant’s motion for summary judgment dismissing the complaint. Plaintiffs…

2Cases cited10 opinions

  1. Morgan v. StateNew York Court of Appeals · 1997
  2. Custodi v. Town of AmherstNew York Court of Appeals · 2012
  3. Bukowski v. Clarkson UniversityNew York Court of Appeals · 2012
  4. Roberts v. BOYS AND GIRLS REPUBLIC, INC.New York Court of Appeals · 2008
  5. Muniz v. Warwick School DistrictAppellate Division of the Supreme Court of the State of New York · 2002

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3Cited by1 opinion

  1. Legac v. South Glens Falls Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2017

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