Bishop v. Hamad

Order unanimously affirmed, with costs. Memorandum: The four-year-old infant plaintiff was injured when she was struck by defendant William’s automobile as she was returning to her home across the street after having purchased an ice cream cone at defendant Hamad’s ice cream vending truck. Defendant Hamad appeals from an order at Special Term which denied his motion for summary judgment dismissing the action against him. In our opinion the motion was properly denied. The depositions of the parties show that the infant plaintiff was Hamad’s business invitee to whom he owed a duty of providing…