Goree v. Dixon

Appeal from (1) an order of the Supreme Court, in favor of defendant, entered December 15, 1976 in Albany County, upon a dismissal of the complaint by the court at a Trial Term, at the close of plaintiffs’ evidence, and (2) the judgment entered thereon. This action, based in negligence, arose from an accident which *1079occurred June 17, 1969. There is no substantial dispute about the pertinent facts. The infant plaintiff, age nine, was on his way to visit a teacher. To arrive at his destination he walked through defendant Cassazza’s gas station and when he neared a parked truck located thereon,…