Ordered that the order is affirmed, with costs.
The plaintiff allegedly sustained injuries when, while three to five rows back from the field in the Shea Stadium stands, he was struck by a baseball that had been tossed casually to fans as a souvenir by the defendant Dennis Cook, a Mets pitcher, after he completed his pre-game warmup routine. The defendants are not insurers of the safety of spectators who occupy unprotected areas of the stadium (see generally Akins...
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