Suarez v. HBQVB Athletic Ass'n

—In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Queens County (Milano, J.), entered September 21, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint.

*397Ordered that the order is affirmed, with costs.

The plaintiff commenced this action to recover damages for injuries she sustained at her daughter’s softball game when she was struck by a foul ball while standing in an unprotected area in foul territory along the third base line. Even if the defendant could be considered a proprietor of the field…