Opinion
June 1, 1998
Appeal from the Supreme Court, Orange County (Peter C. Patsalos, J.).
Ordered that the order is affirmed, without costs or disbursements.
Questions of fact exist as to the comparative fault of the injured plaintiff Michael Sporbert which warranted the denial of the plaintiffs' motion for summary judgment on the issue of liability (see, MacDowall v. Koehring Basic Constr. Equip., 49 N.Y.2d 824; Massie v. Commercial Envelope Mfg. Co., 245 A.D.2d 551; Gibson v. American Export Isbrandtsen Lines, 125 A.D.2d 65).
Further, the Supreme Court properly denied the cross motion of the defendants Alex Kelly and Richard Kelly for summary judgment, as questions of fact exist as to the infant Alex Kelly's degree of involvement in the subject prank (see, Vanacore v. Teigue, 243 A.D.2d 706).
Mangano, P. J., Thompson, Santucci and Altman, JJ., concur.