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MALSTROM v. MACKEY

182 A.D.2d 1006 (1992)

Gary D. Malstrom, Sr., Individually and as Father and Natural Guardian of Sherri Malstrom, an Infant, Respondent, v. Patricia S. Mackey et al., Appellants

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

April 16, 1992

Mikoll, J.

On February 28, 1989, at approximately 6:00 to 6:15 P.M., Sherri Malstrom, then 11 years old, was riding her bicycle on the right shoulder of State Route 301, a two-lane road in the Town of Carmel, Putnam County. She was following 20 to 25 feet behind her 15-year-old brother, Gary, who was also riding a bicycle on the shoulder of the road. As they were riding, Sherri heard a car approaching from the rear and called to her brother "Gary, there...

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