Steegmuller v. Siegel

—Mikoll, J.

Appeal (transferred to this Court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Hillery, J.), entered June 19, 1992 in Dutchess County, which denied defendant’s motion for summary judgment dismissing the complaint.

Plaintiff sued defendant for personal injuries after being struck in the face by a batted ball while pitching a softball to defendant, the batter. Plaintiff was a neophyte to the sport. The couple were playing on a grass field of a high school, having gone there at plaintiffs suggestion to "bat the ball around”. The depositions…