Opinion
March 21, 1994
Appeal from the Supreme Court, Nassau County (Roberto, Jr., J.).
Ordered that the appeal from the order dated February 24, 1992, is dismissed, as that order was superseded by the order entered April 29, 1992, made upon reargument; and it is further,
Ordered that the order entered April 29, 1992, is reversed insofar as appealed from, on the law, the order dated February 24, 1992, is vacated, and, upon reargument, the motion for summary judgment is granted and the complaint is dismissed insofar as it is asserted against the appellant; and it is further,
Ordered that the appellant is awarded one bill of costs.
The injuries claimed by the plaintiffs were a reasonably foreseeable consequence of the infant plaintiff's participation in a game of stickball (see, Turcotte v. Fell, 68 N.Y.2d 432, 439; Checchi v. Socorro, 169 A.D.2d 807). Bracken, J.P., Miller, Copertino, Santucci and Altman, JJ., concur.