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FOLEY v. HAMILTON NEWS CO., INC.

23 A.D.2d 708 (1965)

John S. Foley, as Administrator of The Estate of John Foley, Deceased, Respondent, v. Hamilton News Co., Inc., et al., Appellants

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

March 12, 1965

MEMORANDUM BY THE COURT.

In the late afternoon of September 6, 1961 plaintiff's intestate, aged seven years, was fatally injured in a collision between the bicycle which he was riding and a delivery truck owned by one defendant and operated by the other. The accident occurred in the parking lot of a shopping center. It is not contended that the deceased was contributorily negligent. Appellants' thesis is that plaintiff's proof failed to establish the negligence of...

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