Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

Chiaramonte v. Town of Smithtown

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

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
GlobeSt. Multifamily Spring 2024
April 18, 2024
New York, NY

Join the industry's top owners, investors, developers, brokers & financiers at THE MULTIFAMILY EVENT OF THE YEAR!


Learn More
Middle East Legal Awards 2024
April 25, 2024
Dubai

Law firms & in-house legal departments with a presence in the middle east celebrate outstanding achievement within the profession.


Learn More
Go to Events Go to Webcasts
Legal Writing & Research Professional

Atlanta s John Marshall Law School is seeking to hire one or more full-time, visiting Legal WritingInstructors to teach Legal Research, Anal...


Apply Now ›
Premises Liability Litigation Attorney Needed (3-6 yr.)

Lower Manhattan firm seeks a premises liability litigator (i.e., depositions, SJ motions, and/or trials) with at least 3-6 years of experien...


Apply Now ›
Staff Attorney (Workers' Compensation)

At NJM, a top-rated insurance company, we are seeking an Attorney on our Workers Compensation legal team with between 3 and 5 years of expe...


Apply Now ›
Go to Lawjobs
MELICK & PORTER, LLP
04/15/2024
Connecticut Law Tribune

MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS


View Announcement ›
Apruzzese, McDermott, Mastro & Murphy, P.C.
04/11/2024
New Jersey Law Journal

Professional Announcement


View Announcement ›
Robbins Alloy Belinfante Littlefield
04/08/2024
Daily Report

Daily Report 1/2 Page Professional Announcement 60 Days


View Announcement ›
Go to Professional Announcements