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GARCIA v. GLORIA WISE BOYS & GIRLS CLUB/YOUTH ACTIVITIES COMMITTEE, INC.

266 A.D.2d 135 (1999)

698 N.Y.S.2d 854

MICHAEL GARCIA et al., Respondents, v. GLORIA WISE BOYS & GIRLS CLUB/YOUTH ACTIVITIES COMMITTEE, INC., Appellant.

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

Decided November 30, 1999.

We agree with the motion court that there are triable issues as to whether the actions of the child who ran on to the race track and aggressively contacted the infant plaintiff as he ran his heat were so extraordinary, or so attenuated any negligence by defendant from the ultimate injury, that liability for the infant plaintiff's harm may not be reasonably imposed upon defendant (see, Perez v New York Tel. Co.,

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