GARGANO v. HANINGTON


40 A.D.2d 675 (1972)

Vincent R. Gargano, an Infant, by His Father and Natural Guardian Vincent J. Gargano, et al., Appellants, v. Robert Hanington, as Superintendent of Highways of The Town of Babylon, et al., Respondents

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

October 2, 1972


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

No questions of fact were presented on this appeal. The infant plaintiff, then 14 years of age, was allegedly injured on April 6, 1965, when his bicycle skidded on an accumulation of sand on a public street. In our opinion, the evidence adduced by plaintiffs was sufficient to present issues of fact for the jury as to the negligence of defendants, whether that negligence was the proximate...

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