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RUBEN v. JEWISH CTR. OF GREATER BUFFALO, INC.

116 A.D.2d 1016 (1986)

Wayne Ruben et al., Respondents, v. Jewish Center of Greater Buffalo, Inc., Respondent, and Daniel Mooney, Appellant

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

January 24, 1986

Order unanimously reversed, on the law, with costs, and defendant Mooney's motion granted.

Memorandum:

Defendant Mooney is entitled to summary judgment dismissing the complaint. Plaintiff commenced this personal injury action against Mooney and the Jewish Center of Greater Buffalo after he sustained an injury to his eye when struck by a racquetball propelled by Mooney. The inaccurate return of the ball by Mooney does not constitute negligence (McGee v Board...

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