Fithian v. Sag Harbor Union Free School District
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*720In an action to recover damages for personal injuries, etc., the defendant Sag Harbor Union Free School District appeals from an order of the Supreme Court, Suffolk County (R. Doyle, J.), dated October 16, 2007, which denied its motion for summary judgment dismissing the complaint insofar as asserted against it.
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…
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