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VALK v. ESTRO

47 A.D.2d 640 (1975)

Danny P. Valk, an Infant, by Daniel P. Valk. His Father, et al., Respondents, v. Frederick Estro, an Infant, by Frank Estro, His Father, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 3, 1975

Judgment reversed, on the law, with costs, and complaint dismissed.

The infant plaintiff (Danny) and the infant defendant (Frederick) were spectators at a handball game played upon a rectangular fenced-in handball court in a public park. Danny was seated with two friends in the southeastern corner of the handball court awaiting his "next" when the ball (a pink rubber Spaulding) went astray and came to rest beyond the court...

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