KOZERA v. TOWN OF HAMBURG


40 A.D.2d 934 (1972)

Stanley C. Kozera, Respondent, v. Town of Hamburg, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

November 2, 1972


Order unanimously reversed, without costs, motion granted and complaint dismissed.

Memorandum:

The plaintiff was injured on June 9, 1970 when he was hit in the right eye by a foul ball during "batting practice" preceding a Little League baseball game. The game was being played at the Sagamore Street Playground which had been constructed by and was under the control of the defendant, Town of Hamburg. Mr. Kozera was attending the game with his son who was a...

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