DONATO v. ELRAC, INC.


18 A.D.3d 696 (2005)

795 N.Y.S.2d 348

NICHOLAS DONATO III et al., Respondents, v. ELRAC, INC., et al., Appellants, and JONATHAN HOLM, Defendant.

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

May 23, 2005.


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

On January 27, 2002, at approximately 3:30 A.M., the 13-year-old defendant, Jonathan Holm, was operating a vehicle on Old Tuxedo Road in Orange County. The injured infant plaintiff was a passenger in the vehicle. The driver lost control of the vehicle while speeding and struck approximately five trees. The vehicle...

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