Neumann v. Shlansky

Per Curiam.

In short, when an infant participates with adults in a sport ordinarily played by adults, on a course or field ordinarily used by adults for that sport, and commits a primary tortious act, he should be held to the same standard of care as the adult participants (see Dellwo v. Pearson, 259 Minn. 452; Ewing v. Biddle, 216 N. E. 2d 863 [Ind.j; Restatement, Torts 2d, § 283A, Comment c).

The order should be affirmed, without costs, on the opinion of the court below (58 Misc 2d 128).