SARMIENTO v. NORTHERN WOODS REALTY CORP.


245 A.D.2d 361 (1997)

666 N.Y.S.2d 439

Joseph A. Sarmiento, an Infant, by His Mother and Natural Guardian, Susan Sarmiento, et al., Respondents, v. Northern Woods Realty Corp. et al., Defendants, and Richard Babcock, an Infant, by His Guardian, Irene Babcock, Appellant

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

December 8, 1997


Ordered that the order is affirmed insofar as appealed from, with costs.

The infant plaintiff sustained physical injuries, including a fractured skull, when he fell from his bicycle. The plaintiffs adduced evidence that the appellant, an older youth, chased the infant plaintiff on another bicycle and that contact between the two bicycles was a contributing cause of the fall. The appellant moved for summary judgment, contending...

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