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MUALLEM v. CITY OF NEW YORK

82 A.D.2d 420 (1981)

Channa S. Muallem, Individually and as Natural Guardian of Daniel E. Muallem, an Infant, Appellant-Respondent, v. City of New York, Respondent; Harry Franco, Defendant and Third-Party Plaintiff-Respondent-Appellant. Gasemaro Buonocore, Third-Party Defendant-Appellant

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

August 17, 1981

Attorney(s) appearing for the Case

John Anthony Bonina (Charles H. Dobkin of counsel; Marlon Wayne Schulman on the brief), for appellant-respondent.

Fogarty, Wynne, Martini, Purcell & Byrne (Charlene I. Lund of counsel), for defendant and third-party plaintiff-respondent-appellant.

J. Robert Morris (Siff & Newman, P.C. [Steven DiJoseph and Audrey Rogers] of counsel), for third-party defendant-appellant.

Fried, Frank, Harris, Shriver & Jacobson (Albert N. Podell and Stuart Blander of counsel), for respondent.

COHALAN, MARGETT and O'CONNOR, JJ., concur.

MOLLEN, P. J.

This appeal calls upon the court to re-examine a series of cases in which infant plaintiffs were denied recovery as a matter of law for injuries sustained while riding bicycles on public sidewalks. The essential question presented is whether the holdings of those cases remain valid in light of recent pronouncements by the Court of Appeals concerning fundamental principles of tort law. We turn first...

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