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PLANTE v. HINTON

271 A.D.2d 781 (2000)

706 N.Y.S.2d 215

TIMOTHY A. PLANTE, Individually and as Parent and Guardian of TAJ SAGE PLANTE, an Infant, Appellant-Respondent, v. ROBERT J. HINTON et al., Defendants, DARRAN B. SULLIVAN, Appellant, and CHANDLER YOUNG POST NO. 8162 VETERANS OF FOREIGN WARS OF THE UNITED STATES, INC., et al., Respondents.

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

Decided April 13, 2000.

Cardona, P. J.

On May 26, 1997 Taj Sage Plante (hereinafter the infant), then four years old, was a passenger in a mule-driven wagon owned and operated by Mary Allsop and Noel Allsop during the Memorial Day parade in the Village of Nassau, Rensselaer County. The Allsops' wagon was second in a line of three being drawn by mule teams. Defendants Robert J. Hinton and Darran B. Sullivan were skateboarding single file on the shoulder of the road toward the oncoming parade...

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