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FERRER v. HARRIS

55 N.Y.2d 285 (1982)

Malikah Ferrer, an Infant, by Jose Ferrer, Her Father and Natural Guardian, et al., Respondents, v. Ben Harris et al., Appellants.

Court of Appeals of the State of New York.

Decided March 25, 1982.

Attorney(s) appearing for the Case

C. Raymond Nelson, A. Alexander Pignato and Eugene A. Lieman for Ben Harris and another, appellants.

Michael Majewski and Joseph D. Ahearn for Hassan J. Javidan, appellant.

Anthony Gentile, Philip M. Damashek, Walter P. Roura and Lewis I. Wolf for Malikah Ferrer, respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and MEYER concur.

FUCHSBERG, J.

After 3:00 P.M. one sunny afternoon in May, then four-year-old Malikah Ferrer, in the company of her eight-year-old sister, was crossing a Bronx street from between two parked cars when she was struck by an automobile owned by the defendants Ben and Anna Harris and operated by the former. At the time, the girls were headed directly for the defendant Hassan Javidan's brightly colored "Mister Softee...

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