Haran v. New York Metropolitan Baseball Club, Inc.

OPINION OF THE COURT

Allan L. Winick, J.

The court hereby withdraws its previous decision dated January 28, 1986 that was, in error, based upon a default and issues the following decision in its place based upon the papers submitted by both sides.

Plaintiffs move to dismiss three affirmative defenses contained in the answer. Plaintiffs contend that the first and fifth affirmative defenses apply only to a cause of action for negligence. The complaint alleges three causes of action.

The first and second plead an intentional tort and the third pleads negligence. The first affirmative defense is for…