GUADALUPE v. FRANKLIN


269 A.D.2d 318 (2000)

703 N.Y.S.2d 175

MICHAEL G. GUADALUPE, an Infant, by His Mother and Natural Guardian, GLENIS RODRIQUEZ, et al., Appellants, v. CALVIN L. FRANKLIN et al., Respondents.

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

Decided February 29, 2000.


The infant plaintiff, then eight years of age, was struck by a vehicle after defendant New York Bus Service and its driver discharged him at his designated bus stop. The infant's parent was not there to meet him, and five to ten minutes after he was discharged from the bus, the infant was struck by a motor vehicle at a location some distance away. The action was properly dismissed. There is no claim that the place where plaintiff was discharged from the bus was not safe ...

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