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HERNANDEZ v. CASTLE HILL LITTLE LEAGUE

256 A.D.2d 241 (1998)

682 N.Y.S.2d 191

RAYMOND HERNANDEZ, an Infant, by His Father and Natural Guardian, HARRY HERNANDEZ, et al., Respondents, v. CASTLE HILL LITTLE LEAGUE et al., Appellants, et al., Defendant.

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

Decided December 29, 1998.

The infant plaintiff, 13 years of age and a six-year veteran of Little League play at the field in question, was standing in his team's dugout having a conversation with his coach when he bent over to tie his shoes. As he did so, he was struck by a ball alleged to have been errantly thrown by a catcher warming up a pitcher during pre-game practice. The infant plaintiff, claiming to have suffered a skull fracture, resulting in recurring...

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