CUNILLERA v. RANDALL


196 A.D.2d 75 (1994)

Sonia L. Cunillera, Individually and as Mother and Natural Guardian of Louis A. Cunillera, an Infant, Appellant, v. Doreen E. Randall, Respondent and Third-Party Plaintiff. City of New York, Third-Party Defendant

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

March 8, 1994


Attorney(s) appearing for the Case

Robert B. Taylor of counsel (Dawn A. Munro with him on the brief; Rovegno & Taylor, P. C., attorneys), for appellant.

Thomas J. Nogan of counsel (McCabe & Cozzens, attorneys), for respondent and third-party plaintiff.

SULLIVAN, J. P., ROSENBERGER and ELLERIN, JJ., concur.


WALLACH, J.

In this negligence action it is undisputed that on June 15, 1987 the infant plaintiff, then a 10-year-old boy, was injured when he was forcibly propelled by a stream of water from an open city fire hydrant into the right rear of a moving station wagon driven by defendant Doreen Randall.

Since defendant has prevailed at Supreme Court in her motion for summary judgment dismissing the action...

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