DAVIS v. McCULLOUGH


37 A.D.3d 1121 (2007)

829 N.Y.S.2d 388

CHARLES L. DAVIS, Individually and as Parent and Natural Guardian of P.L.D., an Infant, Appellant, v. CHERYL McCULLOUGH, Respondent.

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

Decided February 2, 2007.


It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action, individually and on behalf of his infant daughter, seeking damages for injuries sustained by his daughter while attending a family party at defendant's home. Plaintiff's daughter was injured while getting off a motorized toy known as a Kawasaki Power Wheel, and plaintiff alleged that defendant was...

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