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DEMELIO v. PLAYMAKERS, INC.

63 A.D.3d 777 (2009)

880 N.Y.S.2d 710

JOHN DEMELIO, Respondent, v. PLAYMAKERS, INC., et al., Defendants, and BROOKLYN INDOOR SPORTS CENTER, INC., Appellant.

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

Decided June 9, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff was practicing his swing at an indoor batting cage operated by the defendant Brooklyn Indoor Sports Center, Inc. (hereinafter the appellant), when a ball that he struck ricocheted off a metal pole separating the cages and struck his left eye. Among other specifications of negligence, the plaintiff alleged that the appellant unreasonably created an enhanced risk of injury to batters by failing to pad the...

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