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CARRILLO v. KRECKEL

43 A.D.2d 499 (1974)

Lisa Carrillo, an Infant, by Her Parent and Natural Guardian, Peter Carrillo, et al., Appellants, v. John O. Kreckel, an Infant by the Guardian of His Person and Property, Bonnie M. Kreckel, et al., Respondents

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

March 4, 1974.

Attorney(s) appearing for the Case

Gallo & Iacovangelo (Sanford Robert Shapiro of counsel), for appellants.

Johnson, Reif & Mullan, P. C. (Samuel G. Brundage and George A. Schell of counsel), for John O. Kreckel, respondent.

Zurett, Sullivan, Smith, Gough & Skipworth (Gary E. Smith of counsel), for Craig Wollesen, respondent.

CARDAMONE, SIMONS, MAHONEY and DEL VECCHIO, JJ., concur.

MOULE, J. P.

The question presented on this appeal is whether a 14-year-old boy, participating in a street game or frolic with another boy of the same age, can be held liable to a bystander injured by the other boy's errant toss of a horseshoe.

On May 7, 1969, infant defendant John O. Kreckel showed a specially-manufactured pitching horseshoe, which he had found, to infant defendant Craig Wollesen and...

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