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VIVYAN v. ILION CENTRAL SCHOOL DIST.

1055 CA 08-02587.

66 A.D.3d 1389 (2009)

886 N.Y.S.2d 268

2009 NY Slip Op 6949

KEVIN J. VIVYAN et al., Appellants, v. ILION CENTRAL SCHOOL DISTRICT et al., Respondents.

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

Decided October 2, 2009.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Kevin J. Vivyan (plaintiff) when he was hit in the head by a ball while watching a baseball game. The game was organized by defendant Ilion Memorial Post #920, American Legion, Inc...

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