Appellate Division of the Supreme Court of the State of New York January 8, 2008 (Roberts v. Boys & Girls Republic, Inc.)

lead-opinion

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.