Appellate Division of the Supreme Court of the State of New York October 30, 2003 (Lang v. Hanover Insurance)

Carpinello, J.

Appeal from an amended order of the Supreme Court (Mulvey, J.), entered January 7, 2003 in Tompkins County, which denied defendants’ motion to dismiss the complaint.

In April 2000, plaintiff suffered serious injuries when he was struck in the eye by a “paintball” fired by Richard Bachman. At the time, Bachman was living in the home of defendants John Durbin and Beth Durbin.