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ROSS v. CHING

146 A.D.2d 55 (1989)

Dorothy Ross et al., as Administrators of The Estate of Mickey Ross, Appellants, v. Robert Ching, Respondent

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

March 10, 1989.

Attorney(s) appearing for the Case

Rossi, Kehoe, Murnane & Hughes (Vincent Rossi of counsel), for appellants.

Petrone & Petrone, P. C. (Cirando & Cirando [John Cirando] of counsel), for respondent.

GREEN and PINE, JJ., concur with LAWTON, J.; DILLON, P. J., and BALIO, J., dissent and vote to affirm for reasons stated by the trial court in dismissing the complaint.

LAWTON, J.

On the rainy morning of June 13, 1985 defendant, age 41, offered 16-year-old Mickey Ross a ride to a job interview at McDonalds restaurant on Oriskany Boulevard in the Village of Yorkville. Defendant was a friend of the Ross family and was living with them. Defendant asked Mickey if he could drop him off across the highway from McDonalds and Mickey agreed. This location was not governed by any traffic...

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