Balone v. New York State Amateur Softball Ass'n

In an action to recover damages for personal injuries, etc., the defendants Dutchess County Girls Fastpitch Softball Association and Dutchess Debs appeal, as limited by their brief, from so much of an order of the Supreme Court, Dutchess County (Brands, J.), dated November 21, 2008, as denied that branch of their motion which was for summary judgment dismissing the complaint insofar as asserted against them.

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

In 2003 the plaintiff Susan Balone (hereinafter the injured plaintiff) allegedly was injured when she was…