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AKINS v. SCH. DIST.

75 A.D.2d 239 (1980)

Robin Akins, Respondent-Appellant, v. Glens Falls City School District, Appellant-Respondent

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

June 26, 1980

Attorney(s) appearing for the Case

La Pann, Reardon, FitzGerald & Firth (Peter D. FitzGerald of counsel), for appellant-respondent.

Ingalls & Mathias and Caffry, Pontiff, Stewart, Rhodes & Judge (Robert S. Stewart of counsel), for respondent-appellant.

McGivern, Shaw & O'Connor, for New York State Public High School Athletic Association, Inc., amicus curiae.

MAHONEY, P. J., concurs with KANE, J.; HERLIHY, J., concurs in a separate opinion; STALEY, JR., and CASEY, JJ., dissent and vote to reverse in an opinion by CASEY, J.

KANE, J.

In April of 1976 plaintiff, a spectator at a high school baseball game, was struck in the eye by a foul ball as she stood behind a fence along the third base line. Approximately three feet high, both base line fences were parallel to and about 60 feet distant from the first and third base lines. They extended from a backstop some 24 feet high and 50 feet wide that was located behind home plate in front...

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