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FAZZINGA v. WESTCHESTER TRACK CLUB

48 A.D.3d 410 (2008)

851 N.Y.S.2d 278

CAROLYN FAZZINGA et al., Appellants, v. WESTCHESTER TRACK CLUB et al., Respondents, et al., Defendant.

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

Decided February 5, 2008.

Ordered that the order is affirmed, with costs.

The decedent collapsed and died after completing a five kilometer foot race sponsored by the defendant PepsiCo, Inc. (hereinafter PepsiCo), and organized by the defendants Westchester Track Club (hereinafter WTC) and Westchester Road Runners Club, Inc. (hereinafter WRRC). The race was held on the campus of the State University of New York at Purchase and involved approximately...

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