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TUREL v. MILBERG

10 Misc.2d 141 (1957)

Solomon J. Turel, Respondent, v. Lester Milberg, Appellant.

Supreme Court, Appellate Term, First Department.

October 31, 1957.

Attorney(s) appearing for the Case

William S. O'Connor, Archie B. Morrison and Patrick D. Warren for appellant.

Bernard A. Green for respondent.

HOFSTADTER, AURELIO and TILZER, JJ., concur.

Per Curiam.

Plaintiff was playing golf at the Elmwood Country Club in a foursome with defendant and two others and was struck by a golf ball hit by defendant. Defendant's liability is predicated on his failure to shout "fore" before hitting the golf ball. Plaintiff assumed the risk inherent in playing golf. Well aware of this he testified "no one can tell with certainty when he hits a ball where it is going". Since...

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