You snooze, you lose.
A $10 million defamation lawsuit filed by a baseball fan who was shown asleep on national TV at a New York Yankees game last year has been dismissed, according to Bronx Supreme Court documents published Tuesday by The Smoking Gun. Judge Julia Rodriguez threw out Andrew Robert Rector’s suit on Aug. 17.
Rector had sued ESPN, the network’s announcers, Major League Baseball and the Yankees after he slept in the fourth inning of a Yankees game against the Boston Red Sox in April 2014.
The TV station’s cameras picked Rector out of the crowd for about 30 seconds as he slumped over in a box seat at the game.