Legal Opinion

Carmen O. Ex Rel. Gloria O. v. James

Appellate Division of the Supreme Court of the State of New York

Decided May 3, 2016No. 1043 350323/12Published

1Opinion of the Court

Order, Supreme Court, Bronx County (Fernando Tapia, J.), entered June 22, 2015, which denied defendants’ motions for summary judgment dismissing plaintiffs’ complaint, unanimously affirmed, without costs.

Issues of fact exist as to whether defendant drivers used reasonable care to avoid hitting the infant plaintiff (plaintiff), then 15 years old, who was crossing a roadway outside the crosswalk and had stopped in the middle of the road before be ing hit by defendants (see Vehicle and Traffic Law §§ 1146 [a]; 1180 [a]; Andre v Pomeroy, 35 NY2d 361, 364 [1974]; Romeo v DeGennaro, 255 AD2d 208,…

2Cases cited3 opinions

  1. Andre v. PomeroyNew York Court of Appeals · 1974
  2. Romeo v. DeGennaroAppellate Division of the Supreme Court of the State of New York · 1998
  3. Charleston v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2012

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