ZLOTNICK v. NEW YORK YANKEES PARTNERSHIP

4789, 4788.

154 A.D.3d 587 (2017)

2017 NY Slip Op 07410

62 N.Y.S.3d 348

ANDREW ZLOTNICK, Appellant, v. NEW YORK YANKEES PARTNERSHIP et al., Respondents.

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

Decided October 24, 2017.


Plaintiff was injured when, while attending a Yankees baseball game, he was struck in the eye by a foul ball as he was sitting in his assigned seat halfway down the first-base line, a few rows from the field. Defendants did not breach a duty of care, since the evidence shows that appropriate netting was erected behind home plate, and there was no evidence indicating that there was a lack of available seating in such protected area (see Akins v Glens Falls City School Dist...

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