Redden v. Curren

Appeal from a judgment of the Supreme Court (Ceresia, Jr., J.), entered July 30, 1996 in Rensselaer County, upon a verdict rendered in favor of defendant.

Plaintiffs commenced this action to recover for injuries sustained by plaintiff Matthew E. Redden (hereinafter plaintiff) during a pickup baseball game. It is undisputed that plaintiff was injured when a baseball bat flew from defendant’s hands after defendant had already hit a ground ball to the first baseman and been called out on a double play. The matter proceeded to trial and, at the conclusion of the evidence, defendant moved to…