Fertitta v. Pagano

The 15-year-old plaintiff James Fertitta and his mother commenced this negligence action against the 15-year-old defendant Salvatore Pagano and his parents to recover damages for injuries sustained by the infant plaintiff when the two boys were play-wrestling on the front lawn of the defendants’ home. The boys were wrestling with the knowledge, though not the consent, of the defendant Marilyn Pagano. The Supreme Court granted that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against the defendants Marilyn Pagano and August Pagano…