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REYES v. DUNNING

216 A.D.2d 449 (1995)

628 N.Y.S.2d 397

Eduardo Reyes, an Infant, by His Mother and Natural Guardian, Minorva Reyes, et al., Appellants, v. Theresa A. Dunning, Defendant, and Cumberland Farms, Inc., et al., Respondents

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

June 19, 1995

Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated insofar as it is asserted against the moving defendants.

This action arises out of an automobile accident occurring at the intersection of Union Avenue and the entrance to the Cumberland Farms parking lot, in New Windsor, New York. The 13-year-old injured plaintiff was exiting the Cumberland Farms parking lot onto Union Avenue on a bicycle when he was...

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