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PERRY v. PELERSI

261 A.D.2d 780 (1999)

689 N.Y.S.2d 772

DONALD T. PERRY et al., Individually and as Parents and Guardians of RONALD M. PERRY, an Infant, Respondents, v. SUSAN M. PELERSI et al., Respondents, and NORTHERN DISTRIBUTING COMPANY, INC., et al., Appellants.

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

Decided May 13, 1999.

Spain, J.

Plaintiffs commenced this action to recover for injuries sustained by their son when he was struck on a street in the City of Albany by a vehicle driven by defendant Susan M. Pelersi. The child was attempting to cross the street in or near an unmarked crosswalk at an intersection (see, Vehicle and Traffic Law § 110 [a]) and, according to Pelersi, the child ran out from behind a parked beer truck. The...

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