ECHORST v. KAIM


288 A.D.2d 595 (2001)

732 N.Y.S.2d 285

SAMUEL R. ECHORST, an Infant, by LEILA E. ECHORST, et al., His Parents and Guardians, et al., Appellants, v. PATRICIA A. KAIM et al., Defendants, and RALPH BARTON et al., Respondents.

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

Decided November 8, 2001.


Rose, J.

Plaintiff Samuel R. Echorst (hereinafter the child) rode his bicycle on a public sidewalk into the side of a car exiting a driveway on property owned by defendants Ralph Barton and Wendy Glazier (hereinafter collectively referred to as defendants). The presence of a 48-inch-high fence along defendants' property line allegedly contributed to the accident by obstructing the views of the child and the driver of the...

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