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JAMES MARTINELLI, ET AL., appellants, v. TOWN OF EAST FISHKILL, ET AL., respondents.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

The record demonstrates that the plaintiff James Martinelli, an experienced softball player, assumed the risk of the injury which he sustained while sliding into a base upon voluntarily participating in a softball league game (see Tiedemann v. Notre Dame Academy, 227 A.D.2d 545, 546; Castello v. County of Nassau, 223 A.D.2d 571; Totino v. Nassau County Council of Boy Scouts of Am., 213 A.D.2d 710, 711; Robinson v. Town of Babylon, 166 A.D.2d 434, 435), and no triable issue of fact regarding the defendants' maintenance of the softball field and equipment was raised.

Accordingly, the Supreme Court correctly granted the defendants' motion for summary judgment dismissing the complaint.

RITTER, J.P., GOLDSTEIN, CRANE and MASTRO, JJ., concur.

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MARTINELLI v. TOWN OF EAST FISHKILL
(Dec 23, 2002)