GONCH v. BASEBALL HEAVEN, INC.

2018-06330, Index No. 2064/15.

171 A.D.3d 1140 (2019)

96 N.Y.S.3d 897

2019 NY Slip Op 03030

Jason Gonch et al., Appellants, v. Baseball Heaven, Inc., et al., Respondents.

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

Decided April 24, 2019.


Ordered that the order is affirmed, with costs.

On May 30, 2015, the infant plaintiff, who was then 16 years old, allegedly sustained injuries while playing in a baseball game during a tournament held on the defendants' premises. The infant plaintiff slipped on artificial turf as he was running to second base and struck the second base bag with the inner portion of his left foot, allegedly sustaining injuries that included, inter alia, a fractured fibula. In 2012...

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