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GRIVAS v. GRIVAS

113 A.D.2d 264 (1985)

Kanela E. Grivas, an Infant, by Emanuel Grivas, Her Father and Natural Guardian, et al., Appellants, v. Georgia Grivas, Respondent

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

December 16, 1985

Attorney(s) appearing for the Case

Rizzo & Rizzo, P. C. (Lewis J. Rizzo of counsel), for appellants.

Rider, Drake, Sommers & Loeb, P. C. (Thomas N. O'Hara, P. C., of counsel), for respondent.

MOLLEN, P. J., O'CONNOR and LAWRENCE, JJ., concur.

RUBIN, J.

On May 9, 1981, the infant plaintiff (who was approximately 2½ years old) and her younger brother were playing with a ball in the backyard of their parents' house. The defendant, the children's mother, was mowing the lawn in the yard with an electric powered lawn mower. Upon hearing the telephone ring, the defendant left the lawn mower still running when she went inside the house; the defendant...

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