Opinion
March 23, 1987
Appeal from the Supreme Court, Dutchess County (Marasco, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
A review of the record indicates that there are triable issues of fact relating to the infant defendant's striking the infant plaintiff, Kathleen Morrissey, in the eye with a snowball (see, Sillman v. Twentieth Century-Fox Film Corp., 3 N.Y.2d 395; Thorne v. Burr, 41 A.D.2d 662), including the reasonableness of the infant plaintiff's actions under the circumstances of the case (see, Andre v. Pomeroy, 35 N.Y.2d 361; Prosser and Keeton, Torts § 32, at 179 [5th ed]). Therefore, we find that Special Term properly denied the defendant's cross motion for summary judgment. Mollen, P.J., Thompson, Rubin and Kunzeman, JJ., concur.