SUTFIN v. SCHEUER


74 N.Y.2d 697 (1989)

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

Court of Appeals of the State of New York.

Decided June 8, 1989.


Attorney(s) appearing for the Case

John T. Frizzell and Thomas J. Ryan, Jr., for appellants.

Mitchell M. Stenger for John A. Scheuer, respondent.

Peter W. Beilewech for Donald Bauer, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

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

Defendants, a 14-year-old boy and a 15-year-old boy, were playing hardball catch at a distance of 25 feet on a city street. According to plaintiff, also 15 and an experienced baseball player, he approached defendants, both his friends, during their game, greeted them and conversed with each of them as they continued throwing the ball back...

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