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CLARK v. SOFTBALL LEAGUE

129 Misc.2d 401 (1985)

Morvin R. Clark et al., Plaintiffs, v. Goshen Sunday Morning Softball League et al., Defendants.

Supreme Court, Orange County.

August 13, 1985

Attorney(s) appearing for the Case

Dupee, Madison & Hoover for plaintiff. Frederick J. Murphy Associates for defendants.

GERARD E. DELANEY, J.

In substance, this is a sports (baseball) spectator injury matter wherein defendant player and baseball league have been sued in negligence by plaintiff who was hit by a wild throw of a softball during a pregame warm-up practice. Defendants move for summary judgment.

Akins v Glens Falls City School Dist. (53 N.Y.2d 325) defined the duty of care of the owner of a baseball...

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