Scinta v. Connelly

unanimously affirmed, without costs. Memorandum: In this negligence action plaintiffs Horace and Mildred Scinta seek damages in the amount of $40,000 for the destruction of their barn in a fire on September 6, 1971. Following examinations before trial of the two infant defendants, plaintiffs moved for summary judgment on the grounds there were no triable issues of fact. With respect to defendant Kenneth Smith, who was nine years old at the time of the occurrence, the court properly denied summary judgment. At the examination before trial, although he admitted being in the barn when the fire…