BRUSCELLA v. ABBONDONDOLO


270 A.D.2d 443 (2000)

705 N.Y.S.2d 279

ZACHARY BRUSCELLA et al., Respondents, v. DAVID ABBONDONDOLO, Defendant, and JOSEPH INTRAVIA et al., Appellants.

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

Decided March 27, 2000.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately.

The Supreme Court properly denied the motion and cross motion for summary judgment. The infant plaintiff's conduct was not so extraordinary as to break any causal nexus between his injuries and any alleged negligence on the part of the appellants in failing to keep the road clear and free of debris. Moreover, the question of whether the...

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