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ANDREW v. O'BRIEN

45 A.D.3d 1024 (2007)

845 N.Y.S.2d 184

LESLIE ST. ANDREW et al., Individually and as Parents and Guardians of LOUIS ST. ANDREW IV, an Infant, Appellants-Respondents, v. ASHLEY K. O'BRIEN et al., Respondents-Appellants, and ITALIAN COMMUNITY CENTER OF TROY, NEW YORK, INC., et al., Respondents.

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

Decided November 8, 2007.

Mugglin, J.

At 9:15 P.M. on September 5, 2003, Louis St. Andrew IV (hereinafter the infant), then 15 years old, was attending a festival held by defendant Italian Community Center of Troy, New York, Inc. (hereinafter ICC) in its parking lot adjacent to Fifth Avenue in the City of Troy, Rensselaer County. Defendant City of Troy Police Department assigned two officers to be present during the festival. The infant, while being chased by a friend, dashed between two cars...

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