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PROCOPIO v. TOWN OF SAUGERTIES

20 A.D.3d 860 (2005)

799 N.Y.S.2d 316

FEDERICO PROCOPIO et al., Appellants, v. TOWN OF SAUGERTIES et al., Respondents.

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

July 28, 2005.

Kane, J.

While attending a baseball game sponsored by defendant American Legion Saugerties Post in the Town of Saugerties, Ulster County, in which his son was a participant, plaintiff Federico Procopio (hereinafter plaintiff) was struck in the head by a baseball. Plaintiff was standing at the concession stand ordering food when he was struck. The baseball had been thrown by a player warming up in a bullpen parallel to the field and facing the concession stand. The...

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