POCZKALSKI v. CARTWRIGHT


65 A.D.2d 945 (1978)

Dawn M. Poczkalski, an Infant, by her Parent and Natural Guardian, Constantine Poczkalski, Jr., et al., Appellants, v. Wilma A. Cartwright, Respondent

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

November 10, 1978


Judgment unanimously reversed, on the law and facts, with costs, and a new trial granted.

Memorandum:

In this negligence action the plaintiff was 12 years old at the time of the accident. With her bicycle she was crossing Sheridan Drive in the City of Buffalo, a six-lane highway, three lanes in each direction divided by a mall, and had reached the center mall. There is evidence that she then looked to her right, saw defendant's automobile approaching a short...

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