Jellal v. Brown
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered January 9, 2006, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Defendant Althea Brown testified that upon seeing the infant plaintiff, who had no memory of the incident, she hit her brakes, blew her horn, and stopped the vehicle. It was also unrefuted that the infant plaintiff left the safety of the sidewalk, attempted to cross the roadway not at the crosswalk, and moved into the path of the vehicle. Under such circumstances, defendants were entitled…
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