Fulger v. Capital District YMCA

Crew III, J.P.

Appeal from an order of the Supreme Court (Nolan, Jr., J.), entered June 29, 2006 in Saratoga County, which granted defendants’ motion for summary judgment dismissing the complaint.

In October 2003, plaintiffs then seven-year-old son, Jonah, was injured while playing a game of catch as part of the “Y Time” after-school program operated by defendants. Prior to this incident, Jonah and approximately 10 other children were playing “ultimate football,” a no-contact form of football that was being supervised by defendants’ employee, Michael Ruzza. As the afternoon wore on, the number…