Richardson v. Muscato

— Order unanimously affirmed without costs. Memorandum: "A golfer has a duty to give a timely warning to other persons within the foreseeable ambit of danger” (Jenks v McGranaghan, 30 NY2d 475, 479; see also, Rinaldo v McGovern, 167 AD2d 942), but "there is generally no duty to warn persons not in the intended line of flight on another tee or fairway of an intention to strike the ball” (Noe v Park Country Club, 115 AD2d 230). Plaintiff Lawrence E. Richardson, who was in the vicinity of the 13th tee and about 20 to 25 feet from the 12th green, was struck on the head by a ball hit by defendant.…