Noe v. Park Country Club of Buffalo

Order unanimously affirmed, without costs. Memorandum: The record of examinations before trial demonstrates that on July 9, 1981, plaintiff Robert J. Noe was playing golf at the Park Country Club. As the foursome of which he was a member left the ninth green, Noe proceeded to the tenth tee. Defendant Daniel Rogers was playing in a foursome immediately behind Noe’s foursome. His ball was located 240 to 250 yards from the ninth green, in the rough, about five or six feet from the right edge of the fairway. After the Noe foursome left the ninth green, Rogers struck his ball toward that green but…