SPARKS v. STERLING DOUBLEDAY ENTERPRISES, LP


300 A.D.2d 467 (2002)

752 N.Y.S.2d 79

BRENDAN SPARKS et al., Appellants, v. STERLING DOUBLEDAY ENTERPRISES, LP, Respondent.

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

Decided December 16, 2002.


Ordered that the order is affirmed, with costs.

The infant plaintiff allegedly sustained injuries when, while in the Shea Stadium stands, he was struck by a baseball hit during batting practice. Contrary to the plaintiffs' contention, by furnishing sufficient protective screening behind home plate where the danger of being struck by a baseball is the greatest, the defendant fulfilled its duty of care and cannot be held liable in negligence (see Akins v Glens Falls...

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