| Cocco v City of New York |
| 2014 NY Slip Op 01395 [114 AD3d 617] |
| February 27, 2014 |
| Appellate Division, First Department |
| Jennifer Cocco, Appellant, v City of New York etal., Respondents. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York (Marta Ross of counsel), forrespondents.
Order, Supreme Court, New York County (Arthur F. Engoron, J.), entered February13, 2013, which granted defendants' motion for summary judgment dismissing thecomplaint, unanimously affirmed, without costs.
In this action for personal injuries, plaintiff alleges that she was walking on thesidewalk, heading south on Lexington Avenue between 96th and 95th Streets, when abaseball coming from a schoolyard, owned and maintained by defendants, struck her inthe face. Defendants established their prima facie entitlement to judgment as a matter oflaw by establishing that they neither owed nor violated a duty of care to plaintiff. Evenaccepting plaintiff's allegations and testimony as true, defendants, as "the proprietor[s] ofa ball park need only provide screening for the area of the field behind home plate wherethe danger of being struck by a ball is the greatest" (Akins v Glens Falls City SchoolDist., 53 NY2d 325, 331 [1981]; see Haymon v Pettit, 9 NY3d 324 [2007]; Roberts v Boys & Girls Republic,Inc., 51 AD3d 246, 247-248 [1st Dept 2008], affd 10 NY3d 889[2008]). Accordingly, defendants cannot be held liable for the injuries suffered byplaintiff who was struck by a baseball while walking on a sidewalk adjacent to a schoolyard that contained a ball field.
Plaintiff failed to demonstrate that further discovery is necessary for her to properlyrespond to defendant's motion.
We have considered plaintiff's remaining arguments and find them unavailing.Concur—Mazzarelli, J.P., Acosta, Renwick, Freedman and Manzanet-Daniels, JJ.