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PRATT v. ROBINSON

45 A.D.2d 641 (1974)

Lorraine Pratt, by Her Father and Natural Guardian, Herbert Pratt, et al., Appellants, v. Melford D. Robinson et al., Respondents

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

October 31, 1974.

Attorney(s) appearing for the Case

Leo S. Meyer (Jay M. Friedman of counsel), for appellants.

John D. Doyle, Corporation Counsel (James T. Townsend of counsel), for City of Rochester, respondent.

Robert J. Hirsch, P. C., for City Lines Management Corp., respondent.

MARSH, P. J., and DEL VECCHIO, J., concur with SIMONS, J.; MOULE, J., dissents in an opinion and votes to reverse and grant a new trial, in which MAHONEY, J., concurs.

SIMONS, J.

This unfortunate accident occurred when the infant plaintiff was struck by an automobile while on her way home from school. When she was struck, she was crossing a busy Rochester street three blocks away from the stop at which respondents' school bus had discharged her. In a well-reasoned opinion by the Trial Justice, BOOMER, J., the complaint was dismissed (71 Misc.2d 509

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