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ROBERTS v. BOYS & GIRLS

51 A.D.3d 246 (2008)

850 N.Y.S.2d 38

LINDA ROBERTS et al., Appellants, v. BOYS & GIRLS REPUBLIC, INC., et al., Respondents, et al., Defendants.

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

January 8, 2008.

Attorney(s) appearing for the Case

Gregory J. Cannata & Associates, Irvington (Diane Welch Bando and Gregory J. Cannata of counsel), for appellants.

Lester Schwab Katz & Dwyer, LLP, New York City (Harry Steinberg and Steven B. Prystowsky of counsel), for respondents.

WILLIAMS and BUCKLEY, JJ., concur with LIPPMAN, P.J.; ANDRIAS and KAVANAGH, JJ., dissent in a separate opinion by KAVANAGH, J.

OPINION OF THE COURT

LIPPMAN, P.J.

Plaintiff, while present at a baseball field to watch her son practice with his team, sustained injuries when she strayed into the path of a bat being swung by a player taking a practice swing along the off-field side of a chain-link fence running parallel and adjacent to the field's third-base sideline. Had the accident not occurred, the player, upon the completion of his practice swings, would have passed through an opening...

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