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WADE-KESZEY v. TOWN OF NISKAYUNA

4 A.D.3d 732 (2004)

772 N.Y.S.2d 401

JOAN WADE-KESZEY et al., Respondents, v. TOWN OF NISKAYUNA et al., Appellants.

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

February 26, 2004.

Spain, J.

In July 2001, while a spectator at her son's Babe Ruth League All-Star game on Woodward Field at Blatnik Park in the Town of Niskayuna, Schenectady County, plaintiff Joan Wade-Keszey (hereinafter plaintiff) was struck in the face with a foul ball causing severe injuries. It is undisputed that, at the time, plaintiff was in the process of walking to the bathrooms located in a small building situated along the first baseline just to the rear of the bleacher...

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