Dismissal of Negligence Action Brought by Seasoned Softball Player and Coach, Is Affirmed by New York’s Appellate Division, Second Department, Relying on Doctrine of Primary Assumption of Risk

By Carla Varriale-Barker, Segal McCambridge Singer & Mahoney, Ltd. New York’s Appellate Division, Second Department has affirmed summary judgment on behalf of the Town of Smithtown, with costs, in a case involving a seasoned softball player and coach who fell on a muddy field during a charity tournament. In a Decision and Order dated March 3, 2021, the Court determined that plaintiff could not establish a negligent maintenance claim against the Town of Smithtown based on the record.