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WOLF v. WE TRANSPORT, INC.

274 A.D.2d 514 (2000)

711 N.Y.S.2d 484

MICHAEL WOLF, an Infant, by His Father and Natural Guardian, PETER WOLF, et al., Appellants, v. WE TRANSPORT, INC., et al., Respondents.

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

Decided July 24, 2000.

Ordered that the order is affirmed, with costs.

The defendants demonstrated, prima facie, their entitlement to summary judgment. There was, inter alia, uncontroverted evidence that the infant plaintiff darted out from between parked cars directly into the path of the van owned by the defendant We Transport, Inc., and operated by the defendant Elizabeth M. Bernard, leaving Bernard with no chance to avoid striking him (see, Carrasco v Monteforte,

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