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HARROW v. STATE OF NEW YORK

21 A.D.2d 571 (1964)

Eric Harrow, an Infant, by Leonard Harrow, His Guardian ad Litem, et al., Appellants, v. State of New York, Respondent. (Claim No. 35293.)

Appellate Division of the Supreme Court of the State of New York, Third Department.

July 29, 1964.

Attorney(s) appearing for the Case

Benjamin Frank and Ira Miles Pollack for appellants.

Louis J. Lefkowitz, Attorney-General (Jeremiah Jochnowitz and Paxton Blair of counsel), for respondent.

GIBSON, P. J., and HAMM, J., concur with REYNOLDS, J.; HERLIHY, J., dissents, and votes for reversal and a new trial, in opinion, in which AULISI, J., concurs.

REYNOLDS, J.

The infant claimant, nearly 13 years of age, sustained personal injuries when on a clear dry day, at 3:30 in the afternoon, he rode his borrowed bicycle into a drainage culvert located at the southwest corner of the intersection of Sussex Road and Northern Boulevard in Nassau County, New York. He testified that he had cycled off the sidewalk onto the southerly side of Northern Boulevard to avoid a high curb and that on attempting to return...

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