Karen Ward, Individually and as Parent and Natural Guardian of Tyler Ward, an Infant, Appellant, v. Pyramid Company of Onondaga et al., Respondents

Motion for reargument granted and, upon reargument, the memorandum and order entered October 1, 2004 [11 AD3d 1012] is amended by deleting the word “assaults” and substituting the word “misconduct” in the last sentence of the third paragraph of the memorandum. Present—Green, J.P, Pine, Scudder, Martoche and Hayes, JJ.