KAMINER v. JERICHO UNION FREE SCH. DIST.

2014-08098, Index No. 10130/12.

139 A.D.3d 1013 (2016)

34 N.Y.S.3d 88

2016 NY Slip Op 04024

EVAN KAMINER, an Infant, by His Father and Natural Guardian, DANNY KAMINER, et al., Appellants, v. JERICHO UNION FREE SCHOOL DISTRICT, Respondent.

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

Decided May 25, 2016.


Ordered that the order is affirmed, with costs.

On March 10, 2012, the plaintiff Evan Kaminer (hereinafter Evan) was struck in the head by an errant baseball during his high school baseball team's practice. Evan had completed a fielding drill and was walking toward the bench when he was inadvertently struck in the temple by a ball thrown by a coach, who was wearing fleece winter gloves on that cold-weather day. Evan, by his father, and his father individually (hereinafter...

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