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CARLETON v. DiMARTINO

143 A.D.2d 624 (1988)

Christine Carleton, an Infant, by Her Father and Natural Guardian, James Carleton, et al., Appellants, v. Joseph DiMartino et al., Defendants, and Town of Babylon, Respondent

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

October 3, 1988

Ordered that the order is affirmed, with costs.

The instant action arises out of an accident which occurred on Phelps Lane near the exit to Phelps Lane Park in the Town of Babylon on April 13, 1977. The infant plaintiff Christine Carleton was operating a motorcycle northbound on Phelps Lane when she observed a vehicle operated by the defendant Joseph DiMartino exiting Phelps Lane Park in a westerly direction. Believing that she was about to collide with DiMartino...

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