High Court Denies Appeal in Foul Ball Case

The Court of Appeals for the State of New York denied last month the appeal of a plaintiff, who was struck by a foul ball at a baseball game, and subsequently sued for negligence.   The decision in Ray et al. v. Hudson Valley Stadium Corp. et al. was significant in that plaintiffs’ counsel had sought to pierce the state’s Akins Rule, Akins v. Glens Falls City School District, 53 N.Y. 2d 325, 424 N.E. 2d 531, 441 N.Y.S2d 644, by claiming that technology and the affordability of protectiv