Order unanimously affirmed without costs.
Memorandum:
Plaintiff commenced this action seeking to recover damages for personal injuries sustained by his nine-year-old son, Steven Miecznikowski, while walking home from school with his acquaintance, 11-year-old Jason Rommel (defendant). Defendant allegedly swung his gym bag or book bag and Steven, in an alleged attempt to avoid being hit by it, ran from the sidewalk out into the street, where he remained until...
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