Noe v. Park Country Club of Buffalo

• Court: New York Supreme Court — Appellate Division
• Citation: Noe v. Park Country Club of Buffalo, 115 A.D.2d 230, 495 N.Y.S.2d 846 (N.Y. App. Div. 1985)
• Decision Date: 15 November 1985
• Parties: Robert J. NOE and Joan M. Noe, Appellants, v. PARK COUNTRY CLUB OF BUFFALO, James E. Rogers, Sr., and Daniel J. Rogers, Respondents.

Page 846

495 N.Y.S.2d 846

115 A.D.2d 230

Robert J. NOE and Joan M. Noe, Appellants, v. PARK COUNTRY CLUB OF BUFFALO, James E. Rogers, Sr., and Daniel J. Rogers, Respondents.

Supreme Court, Appellate Division Fourth Department.

Nov. 15, 1985.

Thielman & Jasen by Mark Jasen, Buffalo, for appellants.

Quinn & McGarry, P.C., by Kenneth Patricia, Buffalo, for respondents Rogers.

Cox, Barrell, Murrett, Ehman & Gersten by Mark Della Posta, Buffalo, for respondent Park Country Club.

Before DILLON, P.J., and CALLAHAN, DENMAN, BOOMER, and PINE, JJ.

MEMORANDUM:

The record of examinations before trial demonstrates that on July 9, 1981, plaintiff Robert J. Noe was playing golf at the Park Country Club. As the foursome of which he was a member left the ninth green, Noe proceeded to the tenth tee. Defendant Daniel Rogers was playing in a foursome immediately behind Noe's foursome. His ball was located 240 to 250 yards from the ninth green, in the rough, about five or six feet from the right edge of the fairway. After the Noe foursome left the ninth green, Rogers struck his ball toward that green but the shot sliced or faded to the right. He testified that as he observed the ball traveling toward the tenth tee which, according to the plaintiff, was "yards" from "the right edge of the green on the ninth hole as you face it", he yelled "fore". The club golf professional, who was standing behind the ninth green, heard the word "fore", but Noe did not. Rogers' ball struck Noe's head.

On these undisputed facts, Special Term properly granted summary judgment to the defendants. While it is well settled that a golfer has a duty to give a timely warning to other persons within the foreseeable ambit...