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MAISONAVE v. NEWARK BEARS

881 A.2d 700 (2005)

185 N.J. 70

Louis MAISONAVE and Myrna Maisonave, his wife, Plaintiffs-Respondents, v. The NEWARK BEARS PROFESSIONAL BASEBALL CLUB, INC. and Gourmet Dining Services, Defendants-Appellants, and ABC Corp. (name being fictitious) and John Doe (name being fictitious), Defendants.

Supreme Court of New Jersey.

Decided September 13, 2005.

Attorney(s) appearing for the Case

James J. Horan, West Orange, argued the cause for appellant Gourmet Dining Services (Mautone & Horan, attorneys).

Timothy J. Schipske, Philadelphia, PA, argued the cause for appellant The Newark Bears Professional Baseball Club, Inc. (Rawle & Henderson, attorneys).

Frank DiGiovanni, Westfield, argued the cause for respondents (Kessler, DiGiovanni & Jesuele, attorneys).

Justice ZAZZALI delivered the opinion of the Court.

The first recorded baseball game took place at the Elysian Fields in Hoboken on June 19, 1846. Leonard Koppett, Koppett's Concise History of Major League Baseball 7 (2004). Since then, the game has become an integral part of our American identity and has emerged as an ever-expanding business. George F. Will, Bunts 28 (1999) ("The business of America is business, and so, of course, is the national pastime...

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