WOLBE v. FISHMAN


29 A.D.3d 785 (2006)

815 N.Y.S.2d 208

ABRAHAM WOLBE, Appellant, v. MORDECHAI FISHMAN et al., Respondents.

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

May 16, 2006.


Ordered that the order is affirmed, with costs.

The infant plaintiff, who was six years old at the time of the accident, allegedly was injured when the bicycle he was riding out of his family's driveway collided with the passenger side of a vehicle driven by the defendant Mordechai Fishman and owned by the defendant Emanuel Fishman. The evidence established that the defendant operator was traveling between 10 and 15 miles per hour, his view of the plaintiff's driveway...

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