Ordered that the order is reversed, on the law, with costs, and the defendant's motion for summary judgment dismissing the complaint is granted.
The plaintiff allegedly sustained personal injuries when she was struck in the chest by a baseball while sunbathing on Tobay Beach in the defendant Town of Oyster Bay.
To prove a prima facie case of negligence, a plaintiff must demonstrate the existence of a duty, a breach of that duty, and that the breach of such...
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