Rudnicky v. Kray

The defendants herein move pursuant to subdivisions 5 and 6 of rule 107 of the Rules of Civil Practice for an order dismissing the complaint herein.

The complaint alleges a cause of action in favor of Jacqueline Rudnicky, an infant, and a derivative cause of action in favor of her father and guardian ad litem, James Rudnicky.

At the time of the accident the infant plaintiff, then 10 years of age, was riding her bicycle in an easterly direction on Seneca Street in the City of Oswego, New York. The defendant Rose E. Kray was operating a motor vehicle owned by the defendant Anthony Kray in a…