KLEIN v. ACAD. OF MODEL AERONAUTICS


246 A.D.2d 629 (1998)

667 N.Y.S.2d 311

Naomi Klein et al., Appellants, v. Academy of Model Aeronautics, Defendant, and Salvatore Battaglia et al., Respondents

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

January 26, 1998


Ordered that the judgment is affirmed, with costs.

This case arises from an accident which occurred when the infant plaintiff, while riding his dirt bike, was struck in the head by a radio-controlled model airplane flown by the defendants. The accident occurred in an area of a park where the use of dirt bikes was prohibited, but the flying of such planes was authorized by special permit. The club to which the individual defendants belonged had such a permit.

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