ALVERO v. ALLEN


262 A.D.2d 434 (1999)

692 N.Y.S.2d 116

MARTIN ALVERO, Respondent, v. JAMES W. ALLEN, JR., Appellant.

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

Decided June 14, 1999.


Ordered that the order is reversed, on the law, with costs, that branch of the motion which was for summary judgment is granted, and the complaint is dismissed.

The infant plaintiff was hit on the head with what he described as an "ice ball" while he and several other Boy Scouts were waiting outside a church in which the weekly meeting of their Boy Scout troop was scheduled to begin. At a deposition given in connection...

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