Legal Opinion

Demelio v. Playmakers, Inc.

New York Supreme Court

Decided April 8, 2008PublishedCited by 1 opinion

1Opinion of the Court

*912OPINION OF THE COURT

Jack M. Battaglia, J.

In September 1999, on his 14th birthday, plaintiff John Demelio allegedly was injured at a recreational facility operated by defendant Brooklyn Indoor Sports Center Inc., doing business as John Franco’s Indoor Sports, located at 800 3rd Avenue in Brooklyn. According to his verified bill of particulars, he “sustained a detached retina after being struck in the eye by a batted baseball which ricocheted off [a] pole” that formed part of a “batting cage” at the facility. 0See verified bill of particulars 1i 4.) With this motion, defendant seeks summary…

2Cases cited35 opinions

  1. Morgan v. StateNew York Court of Appeals · 1997
  2. Turcotte v. FellNew York Court of Appeals · 1986
  3. Benitez v. New York City Board of EducationNew York Court of Appeals · 1989
  4. Maddox v. City of New YorkNew York Court of Appeals · 1985
  5. Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002

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3Cited by1 opinion

  1. Kenneth Bertin v. Douglas MannMichigan Supreme Court · 2018

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