weintraub, also alex ferrer and jane velez-mitchell. also mark o'mara is with me. a man who fell asleep during a yankees-red sox game is suing the yankees, mlb, espn and the two commentators who pointed out he is asleep. take a look. >> asleep. i tell you what, how comfortable is that? probably won't have any neck problems tomorrow. >> i mean, that guy to his left his buddy who is just letting him sleep, or is he here alone? what is the deal with this guy? >> maybe that's his buddy and he likes him a lot better when he is asleep. >> judge alex, does he have a chance? >> no, not really. although i have to tell you, i totally sympathize with him because baseball has the same effect on me. but they coo definitely put him on the big screen. he is in a public place. he can't claim he has any right of private any a baseball stadium. what they said is crucial. they're saying oh, you know, he is overweight or things like that, if he is overweight, it's truth. and truth is a defense to