Malstrom v. Mackey

Appeal (transferred to this court by order of the Appellate Division, Second Department) from an order of the Supreme Court (Dickinson, J.), entered December 18, 1990 in Putnam County, which denied defendants’ motion for summary judgment dismissing the complaint.

On February 28, 1989, at approximately 6:00 to 6:15 p.m., Sherri Malstrom, then 11 years old, was riding her bicycle on the right shoulder of State Route 301, a two-lane road in the Town of Carmel, Putnam County. She was following 20 to 25 feet behind her 15-year-old brother, Gary, who was also riding a bicycle on the shoulder of the…