Ordered that the order is affirmed insofar as appealed from, with costs.
At approximately 4:50 P.M. on July 23, 1999, the six-year-old plaintiff Laurisha Charles allegedly was injured when she attempted to cross a street and came into contact with a vehicle owned and operated by the defendant. The defendant testified at her examination before trial and stated in an affidavit that, just before the accident, she observed the infant plaintiff standing in the roadway...
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