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FENNELL v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY

305 A.D.2d 452 (2003)

759 N.Y.S.2d 533

ROBERT D. FENNELL et al., Appellants, v. NEW YORK CENTRAL MUTUAL FIRE INSURANCE COMPANY, Respondent.

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

Decided May 12, 2003.

Ordered that the order is affirmed, with costs.

On July 29, 1994, Paul Kane (hereinafter Paul) hit a golf ball while golfing at Dinsmore Golf Course. The ball struck the plaintiff Robert D. Fennell in the eye, causing its loss. The injured plaintiff and his wife (hereinafter the plaintiffs) commenced an action to recover damages for personal injuries against Paul and his parents, James Kane and Carol Kane. The plaintiffs discontinued their action against Paul's parents...

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