This action arises out of injuries allegedly suffered by the plaintiff, Jennifer A. Davidoff, when she was hit in the face by a foul ball while attending a baseball game at Shea Stadium. At the time of the incident in question, she was sitting in the front row box seat immediately behind first base, which was separated from the playing field by a three-foot-high fence. According to the Court of Appeals in Akins v Glens Falls City School Dist. (
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