Bierach v. Nichols
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Peters, J.
Appeal from an order of the Supreme Court (Demarest, J.), entered April 10, 1997 in Franklin County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.
*917Plaintiff, on behalf of her daughter Jennifer, commenced this action as a result of injuries sustained by Jennifer after she was hit in the eye by an apple thrown by defendant. Defendant answered and asserted, inter alia, assumption of risk as an affirmative defense. Plaintiff thereafter submitted a bill of particulars which amplified the negligence cause of action by claiming that defendant…
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