DURKIN v. PELUSO


184 A.D.2d 940 (1992)

Agnes Durkin, Individually and as Parent and Natural Guardian of Maryann De Marco, an Infant, Respondent, v. Janice Peluso, as Administratrix C.T.A. of The Estate of Ronald L. Peluso, Deceased, Appellant

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

June 18, 1992


Per Curiam.

On October 26, 1983 plaintiff's infant, nine-year-old Maryann De Marco, was struck by an automobile driven by defendant after she had left Philip Schuyler Elementary School in the City of Albany. The testimony at trial showed that at the time of the accident, Maryann ran between cars parked at the curb on the east side of North Lake Avenue, and then through a three-foot gap in stopped northbound traffic which had been backed up from the intersection of...

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