JUDICE v. DEANGELO


272 A.D.2d 583 (2000)

709 N.Y.S.2d 427

JONATHAN JUDICE, an Infant, by His Father and Natural Guardian, DENNIS JUDICE, et al., Appellants, v. MICHAEL J. DEANGELO et al., Respondents.

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

Decided May 30, 2000.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

The infant plaintiff Jonathan Judice was injured when he was hit by a vehicle while playing kickball in the street with his friends. The plaintiffs brought this action against the owner and operator of the vehicle. The Supreme Court granted the defendants' motion for summary judgment. We reverse.

It is well established that summary judgment will...

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