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BENNETT v. AMES

77 A.D.2d 390 (1980)

Robert G. Bennett, Jr., et al., Individually and as Parents and Natural Guardians of Robert G. Bennett, III, an Infant, Respondents, v. Robert Ames et al., Individually and as Parents and Natural Guardians of Robert Ames, Jr., an Infant, Defendants, and Castle View Management Corporation, Appellant

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

December 11, 1980

Attorney(s) appearing for the Case

Levene, Gouldin & Thompson (Robert H. Reeder of counsel), for appellant.

Twining, Nemia & Hill (Joseph J. Steflik, Jr., and James C. Gacioch of counsel), for respondents.

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

KANE, J.

Plaintiffs seek to recover damages for injuries sustained by their eight-year-old son on March 30, 1977, when he was struck on the head with a baseball bat by Robert Ames, Jr., a 10 year old. Both children were then residing at the Penn View Apartments in Broome County, New York, and the incident took place on a common outdoor area of the development. In addition to the parents of the 10 year old, defendants...

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