Ordered that the interlocutory judgment is reversed, on the law and as an exercise of discretion, and a new trial is granted, with costs to abide the event.
On June 18, 1981, the infant plaintiff, then 5½ years of age, was struck by the defendant's motor vehicle, sustaining fractures of his jaw bone and left leg.
At trial, the defendant testified that he was proceeding down the street at 15 miles per hour. Cognizant of the presence of children at play...
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