REDDEN v. CURREN


245 A.D.2d 861 (1997)

666 N.Y.S.2d 334

Matthew E. Redden, an Infant, by Linda A. Redden, His Mother and Guardian, et al., Appellants, v. Dan Curren, an Infant, by Martha Baum, His Mother and Guardian, Respondent

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

December 18, 1997


Mercure, J.

Plaintiffs commenced this action to recover for injuries sustained by plaintiff Matthew E. Redden (hereinafter plaintiff) during a pickup baseball game. It is undisputed that plaintiff was injured when a baseball bat flew from defendant's hands after defendant had already hit a ground ball to the first baseman and been called out on a double play. The matter proceeded to trial and, at the conclusion of the evidence, defendant moved to dismiss...

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