FRANK v. FISHER


142 A.D.2d 665 (1988)

Christine Frank, an Infant, by Her Mother and Natural Guardian, Joann Frank, et al., Appellants, v. Henry J. Fisher et al., Respondents

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

July 18, 1988


Ordered that the judgment is affirmed, with costs.

The facts in this case established that while the eight-year-old infant plaintiff was playing tag with two other friends on the afternoon of August 8, 1982, she became "it" and ran after the others to touch them. In the process, she ran after one friend who was running across the street. The infant plaintiff was struck by a car operated by the defendant Henry Fisher. The defendant Henry Fisher testified that he was...

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