Pre-Answer Motion to Dismiss Granted In Case Involving Spectator Injured By Foul Ball in Luxury Box Suite

By Carla Varriale and Jarett Warner   Spectators at sporting events generally assume the obvious, inherent risks arising out of the activity. However, in a recent spectator injury case, New York’s Supreme Court, Queens County dismissed an action against the venue, the team, the architect and the concessionaire and others based on an improbable set of circumstances. In Tarantino v. Queens Ballpark, L.L.C. et al (Index No.8674/12) the plaintiff alleged that while he was seated at a table in