HERNDON v. JENNINGS


101 A.D.2d 688 (1984)

David Herndon, an Infant, by his Mother, Diane McIntosh, Respondent, v. Charles Jennings et al., Appellants, et al., Defendants

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

April 12, 1984


Judgment, insofar as appealed from, unanimously reversed, on the law and facts, without costs, and complaint dismissed as against defendants Jennings.

Memorandum:

Defendants Jennings, owners of residential property occupied by their tenants, defendants Beeman, appeal from a judgment recovered against them by plaintiff, an eight-year-old boy, who was struck in the mouth by a baseball bat during a party given by the Beemans at which a softball game was in progress...

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