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O'BRYAN v. O'CONNOR

59 A.D.2d 219 (1977)

Theodore J. O'Bryan, an Infant, by Theodora O'Bryan, His Parent, et al., Respondents, v. Dennis O'Connor, an Infant, by Patrick O'Connor, His Parent, et al., Defendants and Third-Party Plaintiffs-Appellants; National Little League of Albany, Inc., Third-Party Defendant-Respondent

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

November 3, 1977

Attorney(s) appearing for the Case

Carter, Conboy, Bardwell, Case & Blackmore (William P. Soronen, Jr., of counsel), for defendants and third-party plaintiffs-appellants.

Bruno & Sommers (George H. Barber of counsel), for respondents.

Maynard, O'Connor & Smith (Roger J. Cusick of counsel), for third-party defendant-respondent.

GREENBLOTT, J. P., KANE, MAHONEY and HERLIHY, JJ., concur.

SWEENEY, J.

On August 1, 1972 at about 6:30 P.M. defendant and three other boys, without permission, entered Dalton Little League Field in Albany and began to play "home run derby". No supervisor or employee of the third-party defendant, the operator of Dalton Field, was present. Thereafter, the infant plaintiff, who was then 14 years of age, came upon the field and sat on a large steel drum located inside the...

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