Anand v. Kapoor

(dissenting and voting to reverse the order insofar as appealed from, on the law, and to deny the defendant’s motion for summary judgment dismissing the complaint, with the following memorandum): As noted by the majority, the record contains conflicting evidence as to the location of the plaintiff Azad Anand (hereinafter the plaintiff) in relation to *793the defendant at the time of the accident. In his deposition, the defendant testified that, prior to hitting the ball which caused the accident, he hit his ball to the left side of the fairway into the rough. His goal was to hit the ball back…