Hirsh v. Bert's Bikes & Sports, Inc.

Order unanimously reversed on the law with costs, motion denied and complaint reinstated. Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by their daughter when she fell from her bicycle on the grounds of the Chautauqua Institute. The bicycle had been purchased about two months before the accident. Plaintiffs allege that its brakes were defective and that defendant was negligent in failing to adjust the brakes properly at the time of sale. Supreme Court granted defendant’s motion for summary judgment dismissing *957the complaint on the ground that plaintiffs…