Murphy v. Polytechnic University

In an action to recover damages for personal injuries, the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Kings County (Kramer, J), dated December 31, 2007, as denied their motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff, a member of the women’s softball team of the defendant Polytechnic University, allegedly was injured when, during a team practice, she was hit in the head with a bat swung by her coach, the defendant James Barrett, also known as Jimmy…