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DAVIDOFF v. METRO. BASEBALL CLUB, INC.

61 N.Y.2d 996 (1984)

Jennifer A. Davidoff, an Infant, by Her Father and Natural Guardian, Richard S. Davidoff, et al., Appellants, v. Metropolitan Baseball Club, Inc., et al., Respondents.

Court of Appeals of the State of New York.

Decided March 27, 1984.

Attorney(s) appearing for the Case

Emilio Nunez, Harry H. Lipsig, Pamela Anagnos Liapakis and Howard Goldstein for appellants.

Jeffrey Silberfeld for Metropolitan Baseball Club, Inc., respondent.

Frederick A. O. Schwarz, Jr., Corporation Counsel (Pamela Seider Dolgow and Ronald E. Sternberg of counsel), for City of New York, respondent.

Judges JASEN, JONES, WACHTLER, SIMONS and KAYE concur; Chief Judge COOKE dissents and votes to reverse in an opinion in which Judge MEYER concurs.

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Plaintiff, a 14-year-old girl, was watching a professional baseball game at Shea Stadium from a box seat behind first base, separated from the playing field only by a three-foot fence. At a moment when her attention was diverted from the game, she was struck by a sharply hit foul ball and sustained serious injuries including the loss of...

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