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SCHERER v. WESTMORELAND SANCTUARY, INC.

95 A.D.2d 803 (1983)

William K. Scherer, an Infant, by His Parent and Natural Guardian, Arthur Scherer, et al., Respondents, v. Westmoreland Sanctuary, Inc., Respondent, et al., Defendants, and Stuart Opdahl, Appellant

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

June 13, 1983

Order reversed, on the law, with costs, motion granted and complaint dismissed as to defendant Stuart Opdahl.

This is a negligence action to recover damages for personal injuries sustained by the infant plaintiff William Scherer who, on June 10, 1978, when he was 10 years old, was struck in the eye by a piece of burning wood thrown by the infant defendant, John Opdahl, while playing in the yard of the residence owned by defendants Buzzanco. The complaint, insofar...

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