Checchi v. Socorro

In a negligence action to recover damages for personal injuries, the defendant appeals from so much of *808an order of the Supreme Court, Westchester County (Marbach, J.), entered June 6, 1989, as denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, on the law, without costs or disbursements, the motion is granted, and the complaint dismissed.

The plaintiff was injured when he was struck in the eye by a bat which flew out of the hands of the infant defendant Tony Socorro while playing stickball. As this court recently stated,…