Lichtenthal v. Gawoski

Order insofar as appealed from unanimously reversed, with costs, and motion denied. Memorandum: Plaintiff, James J. Lichtenthal, appeals from an order which granted summary judgment dismissing his complaint against the defendants in his action to recover damages for personal injuries suffered by his infant son, Michael, and for his derivative damages. The incident giving rise to this lawsuit took place on July 20, 1971 when the infant plaintiff, Michael Lichtenthal, and the infant defendant, Michael Gawoski, and three other boys engaged in a “B-B gun war”. The infant plaintiff was struck in…