Cruz v. Longwood Central School District

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Suffolk County (Gazzillo, J.), entered February 3, 2012, which granted the defendant’s motion for summary judgment dismissing the complaint.

*758Ordered that the order is affirmed, with costs.

The infant plaintiff, who was then an eighth-grade student at Longwood Middle School, was struck in the mouth by a softball thrown by a fellow student while she was participating in pregame warmups with the school softball team. Just seconds before she was struck, the plaintiff had shut her…