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MERCER v. CITY OF NEW YORK

255 A.D.2d 368 (1998)

679 N.Y.S.2d 694

Keith Mercer, an Infant, by His Mother and Natural Guardian, Marina Mercer, Respondent, v. City of New York et al., Defendants, and Police Athletic League, Inc., Appellant

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

November 9, 1998

Ordered that the order is reversed, on the law, with costs, the motion to vacate the judgment is denied, the judgment is reinstated, and the complaint and cross claims insofar as asserted against the Police Athletic League, Inc., are dismissed.

The infant plaintiff was injured on August 16, 1986, when he was struck in the eye by a hard baseball thrown by his coach during little league baseball practice. At the time of the...

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