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JOHN ROBERT, Indi v. dually and as Guardian ad Litem of VERONICA A. ROBERT, an Infant, Respondent,

Order reversed and motion for summary judgment dismissing the complaint granted, without costs, on the ground that plaintiff, a spectator at a baseball game, assumed the risk of being struck and injured by a thrown ball. ( Baker v. Topping, 15 A.D.2d 193, motion for leave to appeal denied 11 N.Y.2d 644; Lutzker v. Board of Educ. of City of N.Y., 262 App. Div. 881, affd. 287 N.Y. 822; Bennett v. Board of Educ. of City of N.Y., 16 A.D.2d 651; Zeitz v. Cooperstown Baseball Centennial, 31 Misc.2d 142. ) Bergan, P.J., Gibson, Herlihy and Reynolds, JJ., concur.

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ROBERT v. DEPOSIT CENTRAL SCHOOL DIST. NO. 1
(Feb 7, 1963)