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MORRISSEY v. SIMMONS

128 A.D.2d 759 (1987)

Kathleen G. Morrissey, an Infant, by Her Father and Natural Guardian, John N. Morrissey, Jr., et al., Respondents, v. Mark Simmons, Appellant

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

March 23, 1987

Ordered that the order is affirmed insofar as appealed from, with costs.

A review of the record indicates that there are triable issues of fact relating to the infant defendant's striking the infant plaintiff, Kathleen Morrissey, in the eye with a snowball (see, Sillman v Twentieth Century-Fox Film Corp., 3 N.Y.2d 395; Thorne v Burr, 41 A.D.2d 662), including the reasonableness...

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