Sutfin v. Scheuer
New York Court of Appeals
1Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
Defendants, a 14-year-old boy and a 15-year-old boy, were playing hardball catch at a distance of 25 feet on a city street. According to plaintiff, also 15 and an experienced baseball player, he approached defendants, both his friends, during their game, greeted them and conversed with each of them as they continued throwing the ball back and forth. Plaintiff then moved a short distance behind defendant Bauer and began talking with two or three other friends. Thereafter, Bauer threw a ball that…
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