Blair v. Barker

—Yesawich Jr., J.

Appeal from an order of the Supreme Court (Canfield, J.), entered September 29, 1998 in Rensselaer County, which denied a motion by defendants James A. Bodah, Sr. and James J. Bodah for summary judgment dismissing the complaint against them.

On April 30, 1993, plaintiff Michael E. Blair, a City of Troy Police Officer, sustained head injuries when struck on the head *672by a rock thrown by 20-year-old. defendant William Barker.* The incident occurred, as Blair and other police officers were quelling a disturbance at an outdoor birthday party given for defendant James J. Bodah on…