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LEDBETTER v. JOHNSON

27 A.D.3d 698 (2006)

810 N.Y.S.2d 914

ALAN BRANDON LEDBETTER, Respondent, v. ALTHEA JOHNSON, Appellant.

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

March 28, 2006.

Ordered that the order is affirmed, with costs.

The defendant established her prima facie entitlement to judgment as a matter of law by providing evidence that the infant plaintiff darted out from between two parked vehicles, away from a crosswalk, directly into the path of the defendant's vehicle, leaving the defendant unable to avoid contact with the infant plaintiff (see Vehicle and Traffic Law § 1152 [a]; Mancia v Metropolitan Tr. Auth. Long Is...

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