39 N.Y.2d 554 (1976)

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

Court of Appeals of the State of New York.

Decided May 13, 1976.

Attorney(s) appearing for the Case

Jay M. Friedman and Reynolds E. Hahn for appellants.

Louis N. Kash, Corporation Counsel (James Charles Alaimo and Brian J. Burroughs), for City of Rochester and another, respondents.

Robert J. Hirsch for City Lines Management Corporation, respondent.

Chief Judge BREITEL and Judges JASEN and JONES concur with Judge FUCHSBERG; Judge WACHTLER dissents and votes to reverse in a separate opinion in which Judges GABRIELLI and COOKE concur.


Seven-year-old Lorraine Pratt, who was on her way home from school, sustained substantial injuries when she was struck by a truck while crossing Plymouth Avenue South at Columbia Avenue in the City of Rochester. She had alighted without misadventure from an eastbound school bus at its regular bus stop on the sidewalk of Columbia Avenue at its intersection with Seward Street. Before reaching the...

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