ROCOURT v. KELLY


239 A.D.2d 483 (1997)

657 N.Y.S.2d 759

Serge Rocourt, Individually and as Parent and Natural Guardian of Sebastien Rocourt, an Infant, et al., Appellants, v. Ann E. Kelly, Respondent, et al., Defendants

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

May 19, 1997


Ordered that the order is affirmed, with costs.

The Supreme Court properly granted the respondent's motion for summary judgment. The moped ridden by the infant plaintiff, which was traveling northbound, abruptly crossed over and entered the southbound lane directly in front of the respondent's automobile and the two vehicles collided. Despite the plaintiffs' attempts to assert a triable issue of fact by claiming that the respondent was negligent in failing to observe...

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