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SUTFIN v. SCHEUER

145 A.D.2d 946 (1988)

Richard D. Sutfin, Individually and as Father and Natural Guardian of Michael Sutfin, et al., Respondents-Appellants, v. John A. Scheuer et al., Appellants-Respondents

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

December 23, 1988

Order modified on the law and as modified affirmed without costs, in accordance with the following memorandum: Defendants appeal and plaintiffs cross-appeal from an order denying their cross motions for summary judgment in this action to recover for injury sustained by plaintiff as a result of being struck by a baseball in the course of defendants' game of "catch". The basic facts are not in dispute. Defendants Scheuer and Bauer...

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