KEANE v. CITY OF NEW YORK


57 A.D.2d 789 (1977)

John M. Keane, as Administrator of The Estate of Michael Keane, Deceased, Respondent v. City of New York et al., Appellants

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

May 19, 1977


A policeman was the only witness who testified that he saw this accident in which a six-year-old boy was killed by a city sanitation truck that proceeded from a stop on the wrong side of the street. That the officer testified that the boy "darted" in front of the truck in such a manner that he may have been outside the normal range of the driver's vision does not preclude a prima facie case. The truck was operating in violation of a statute. If there was a blind spot immediately...

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