Snoozing Yankees fan sues ESPN for $10 million

The New York Yankees fan caught sleeping on ESPN apparently doesn't consider announcers Dan Shulman and John Kruk as funny as they find themselves.

Andrew Rector filed a $10 million defamation suit against the Yankees, ESPN, Shulman and Kruk, citing "an avalanche of disparaging words" that came down on him during the network's broadcast of an April 13 night game against the Boston Red Sox, the New York Post reported. The suit, filed in Bronx Supreme Court on July 3, also names Major League Baseball as a defendant.

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ESPN cameras cut to Rector, eyes closed and head resting on his right shoulder, multiple times during the game's fourth inning. In the filing—which was riddled with grammatical errors—he alleges that ESPN's broadcasters made him out to be "a fatty cow that need two seats at all time and represent symbol of failure," the Post wrote.

Rector, a used car salesman, claims to have suffered "mental anguish, loss of future income and loss of earning capacity," according to the Post.

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During the broadcast, Shulman and Kruk poked fun at Rector's ability to sleep through a Yankee home run. Shulman also compared him to the famously heavy set Kruk, a former MLB player.

"Not a cousin? Not a relative?" Shulman asked.

Though Rector alleges he was called "fatty" and "stupid," neither word surfaces in a recording of the incident the MLB posted to YouTube.

"The comments attributed to ESPN and our announcers were clearly not said in our telecast," said an ESPN publicist in a statement to CNBC. "The claims presented here are wholly without merit."

Read the full New York Post story here.

— By CNBC staff