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MAISONAVE v. THE NEWARK BEARS, GOURMET

852 A.2d 233 (2004)

371 N.J. Super. 129

Louis MAISONAVE and Myrna Maisonave, Plaintiffs-Appellants, v. THE NEWARK BEARS, GOURMET SERVICES, Defendants-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 2004.

Attorney(s) appearing for the Case

Frank DiGiovanni, Westfield, argued the cause for appellants (Kessler, DiGiovanni and Jesuele, attorneys; Frank DiGiovanni, on the brief).

Timothy J. Schipske, Williamstown, argued the cause for respondent The Newark Bears (Rawle and Henderson, attorneys, Marlton; Mr. Schipske, on the brief).

James J. Horan, argued the cause for respondent Gourmet Dining (Mautone and Horan, attorneys; Mr. Horan, on the brief).

Before Judges PRESSLER, PARKER and R.B. COLEMAN.

The opinion of the court was delivered by R.B. COLEMAN, J.A.D.

Plaintiff Louis Maisonave was struck in the eye by a foul ball while he was standing at a vending cart operated by defendant Gourmet Dining Services, which had a contract with defendant The Newark Bears for food and beverage concessions at Riverfront Stadium in Newark. He appeals from an order granting summary judgment in favor of the defendants and dismissing his complaint with prejudice. We reverse....

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