In Lee v. New York City Hous. Auth., 25 AD3d 214 [1st Dept 2005] a child was struck by a car after he ran into a public street after a ball that rolled through a hole in the fence abutting the field. The Court held that the alleged failure of New York City Housing Authority, as landowner, to repair hole in fence at baseball park was not actual cause, or cause in fact, of the child's injuries. The Court explained: "Here, the ball could just as well have traveled over the fence and plaintiff undoubtedly would have chosen the same course of action to retrieve it" (id. at 217).