Appellate Division of the Supreme Court of the State of New York March 19, 1998 (Bierach v. Nichols)

—Peters, J.

Appeal from an order of the Supreme Court (Demarest, J.), entered April 10, 1997 in Franklin County, which, inter alia, granted defendant’s motion for summary judgment dismissing the complaint.

*917Plaintiff, on behalf of her daughter Jennifer, commenced this action as a result of injuries sustained by Jennifer after she was hit in the eye by an apple thrown by defendant.