Carmichael v. Faxon

—Peters, J.

Appeal from an order of the Supreme Court (Dier, J.), entered April 1, 1999 in Washington County, which, inter alia, denied defendant Bruce Williams’s motion for summary judgment dismissing the complaint against him.

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 plaintiffs clothing, resulting in serious injuries. Plaintiffs thereafter commenced this action alleging, inter alia, that defendant was…