Ordered that the order is affirmed, with one bill of costs.
The plaintiffs' decedent, a nine-year-old boy, was killed as he was attempting to cross Sunrise Highway near Udall Road in West Islip, New York. The appellant was the operator of the vehicle that struck the decedent.
In support of the appellant's motion for summary judgment, his counsel asserted, among other things, that the decedent had "darted out in front of [his] vehicle, wearing black clothing...
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