Miller v. Cattabiani

—Main, J. P.

Cross appeals from a judgment of the Supreme Court in favor of plaintiff, entered March 22, 1985 in Scho*865harie County, upon a verdict rendered at Trial Term (Prior, Jr., J.).

Late in the afternoon of April 18, 1982, 15-year-old Richard R. Volpe (the infant) was riding a small motorbike in his neighbor’s field which adjoined lands owned by defendant’s father, George Cattabiani, Sr., in the Town of Jefferson, Schoharie County. At the same time, defendant and a friend were squirrel hunting on the Cattabiani property. When a bird rose in flight ahead of him, defendant fired at it with…