KESNIG v. KAUFMANN


29 A.D.3d 956 (2006)

816 N.Y.S.2d 155

SHANE KESNIG et al., Respondents, v. RONALD C. KAUFMANN et al., Appellants.

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

May 30, 2006.


Ordered that the order is affirmed, with costs.

The plaintiffs brought this action to recover damages for personal injuries sustained by the then six-year-old plaintiff Shane Kesnig. He was struck by a vehicle operated by the defendant Deborah E. Kaufmann (hereinafter Kaufmann) as he rode his bicycle into the street in front of his house from his driveway. Kaufmann did not see Kesnig until "a split second before" the impact. She had had an unobstructed view of the...

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