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MORACE v. COMMACK NORTH BASEBALL CLUBS, INC.

2017-10117, Index No. 2772/14.

181 A.D.3d 672 (2020)

117 N.Y.S.3d 868

2020 NY Slip Op 01611

Dominic Morace et al., Respondents, v. Commack North Baseball Clubs, Inc., et al., Defendants, Commack Baseball, Appellant, and Town of Smithtown, Defendant/Third-Party Plaintiff-Appellant. Timothy Morrisey, Third-Party Defendant-Appellant.

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

Decided March 11, 2020.

Ordered that the amended order is affirmed, with one bill of costs to the respondents payable by the appellants appearing separately and filing separate briefs.

On August 20, 2013, the infant plaintiff was at baseball practice at Valmont Park in Smithtown. The infant plaintiff was with his team, the defendant Commack Baseball, and his coaches, the third-party defendant, Timothy Morrisey, and nonparty Alan Jacobs. According to the infant plaintiff, Morrisey hit a shallow...

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