CARMICHAEL v. FAXON, JR.


266 A.D.2d 693 (1999)

699 N.Y.S.2d 494

GREGORY CARMICHAEL, an Infant, by SANDRA REYNOLDS, His Mother and Guardian, et al., Respondents, v. DALE FAXON, JR., an Infant, by LORI PARK, His Mother and Guardian, et al., Defendants, and BRUCE WILLIAMS, Appellant.

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

Decided November 10, 1999.


Peters, J.

On August 23, 1997, the infant plaintiff and the infant defendant were playing with fireworks on property owned by defendant Bruce Williams (hereinafter defendant) when one of the fireworks allegedly exploded inside the infant plaintiff's clothing, resulting in serious injuries. Plaintiffs thereafter commenced this action alleging, inter alia, that defendant was negligent in failing to supervise the dangerous activity occurring on his property. Following...

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