Vega v. Piedilato

The opinion of the court was delivered by

HAVEY, P.J.A.D.

This personal injury action involves the application of the infant-trespasser rule under the Restatement (Second) of Torts § 339 (1963) and (1964) (Restatement). Plaintiffs appeal from a summary judgment dismissing their complaint in favor of defendants Robert Piedilato and Bruce and Wayne Puff. While trespassing on Mischief Night, fourteen-year old plaintiff, Samuel Vega, fell into an air/light shaft between two three-story apartment buildings owned by defendants. In granting summary judgment, the motion judge concluded that the…