AVILA v. COHEN


37 A.D.2d 987 (1971)

Fred Avila, an Infant, by His Father and Guardian, Frank Avila, et al., Respondents, v. Louis Cohen, Appellant

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

November 29, 1971


Judgment reversed, on the facts, and new trial granted, with costs to abide the event.

The infant plaintiff sustained injuries when the bicycle which he was riding on a public highway came into contact with a vehicle owned and operated by defendant. It appears that the accident happened when the infant plaintiff suddenly moved to the left, either to avoid a storm drain or to enter a shopping center on the opposite side of the road. Under the circumstances, the finding...

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