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Marc v. Middle Country Cntr. Sch. Dist.

Waiver, Release Not Void as No Evidence Shown Fee Paid for Use of Municipal Field for Game

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Upon the reading and filing of the following papers in this matter:(1) Notice of Motion by the defendants, dated June 15, 2016, and supporting papers;(2) Affirmation in Opposition by the plaintiff, dated August 22, 2016, and supporting papers;(3) Reply Affirmation by the defendants, dated September 15, 2016, and supporting papers;(4) Sur Reply by the plaintiff, dated September 21, 2016, and supporting papers;and now

*1 UPON DUE DELIBERATION AND CONSIDERATION BY THE COURT of the foregoing papers, the motion is decided as follows: it isORDERED that the motion (seq. # 001) by defendants, Middle Country Central School District (“School District”) and Long Island Flag Football, Inc., s/h/a Long Island Flag Football League, Inc. and Long Island Flag Football, Inc. (“the League”), which seeks an Order dismissing the plaintiff’s complaint pursuant to CPLR 3211(a)(1) and (5), is hereby granted; and it is furtherORDERED that counsel for defendants shall promptly serve a copy of this Order upon counsel for all parties by First Class Mail, and shall promptly thereafter file the affidavit(s) of such service with the Suffolk County Clerk.In this action, plaintiff alleges that on October 4, 2015 he injured his left foot while playing in a League flag football game, when he jumped to catch a pass and landed on a concealed sprinkler head. The game was being played on a field located on the grounds of Newfield High School, which is operated by the defendant School District. Prior to playing in the football game, plaintiff and his

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