Buskey v. City of Schenectady

— Appeal from an order of the Supreme Court at Special Term (Levine, J.), entered May 3, 1982 in Schenectady County, which conditionally granted defendant’s motion to be relieved of its default and granted it permission to serve a proposed answer. On August 21,1980, the infant plaintiff herein was riding his bicycle along Nott Street in defendant city when one of the wheels ran against a protruding water shut-off valve and as a consequence he was caused to lose control and was thrown to the pavement after which he was struck by a passing motor vehicle. As a result, the infant plaintiff…