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Chiaramonte v. Town of Smithtown

Player Aware of Muddy Condition and Voluntarily Chose to Play Assumed Risk of Slip, Fall

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Upon the following papers numbered 1 to 35 read on this motion for summary judgment;Notice of Motion and supporting papers 1 – 25;Answering Affidavits and supporting papers 26-32;Replying Affidavits and supporting papers 33-35;it is,

*1 ORDERED that the motion by defendants Town of Smithtown and Recreational Sports Leagues, Inc., for summary judgment dismissing the complaint against them is granted. This action was commenced by plaintiff Tricia Chiaramonte to recover damages for injuries she allegedly sustained on May 10, 2014, when she slipped and fell while playing softball at Flynn Memorial Park in the Town of Smithtown, New York.Defendants now move for summary judgment in their favor, arguing plaintiff assumed the risks inherent in the sport of softball, that the alleged dangerous condition was open and obvious, and that defendants had no duty to protect or warn of a naturally occurring condition. In support of their motion, they submit copies of the pleadings, a transcript of plaintiff’s General Municipal Law §50-h hearing, transcripts of the parties’ deposition testimony, an affidavit of Marcel Caillat, an affidavit of Joseph Morreale, a transcript of non-party Sandra Miranda’s deposition testimony, an affidavit of Peter Primerano, a copy of a “Smithtown Recreation Department Field Permit,” a copy of a “Town of Smithtown Recreation Department Field Permit Application,” an affidavit of Thomas E. Grosse, and an affidavit of Thomas Lynn.

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