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FITHIAN v. SAG HARBOR UNION FREE SCHOOL DIST.

54 A.D.3d 719 (2008)

864 N.Y.S.2d 456

DANIEL FITHIAN et al., Respondents, v. SAG HARBOR UNION FREE SCHOOL DISTRICT, Appellant, et al., Defendant.

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

September 9, 2008.

Ordered that the order is affirmed, with costs.

The plaintiff Daniel Fithian (hereinafter the plaintiff), a 17-year-old high school student, was struck in the head by a pitched ball during an interscholastic baseball game. The plaintiffs alleged that the defendant Sag Harbor Union Free School District (hereinafter defendant) was negligent in providing and allowing the use of a cracked batter's helmet of which it had notice...

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