Uzdavines v. Metropolitan Baseball Club, Inc.

*344OPINION OF THE COURT

Nat H. Hentel, J.

The usual lively strains of “Take Me Out to the Ball Game” struck a foul note on the evening of July 5,1978, at Shea Stadium for plaintiff Marie Uzdavines. On that occasion, the Metropolitan Baseball Club, Inc., known popularly as the “New York Mets”, was playing the Philadelphia Phillies; and plaintiff, her husband, son and daughter-in-law, were seated in a box section behind home plate some three or four rows back from the playing field fence, where they were approximately 40 feet distant from home plate.

Along about the third inning, after the game had…