BAUMAN v. HOMEFIELD BOWL, INC.


12 A.D.3d 212 (2004)

784 N.Y.S.2d 98

JILLIAN BAUMAN et al., Respondents, v. HOMEFIELD BOWL, INC., Appellant.

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

November 9, 2004.


At a bowling birthday party held at defendant's facility, infant plaintiff, then five years of age, was injured when she slipped and fell on the approach to one of the bowling lanes while holding a bowling ball. Although infant plaintiff testified four years later at an examination before trial that she did not see any water or snow or ice on the lane or on the shoes of the other bowlers, plaintiffs submitted, in opposition to defendant's motion, an affidavit from a nonparty...

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