AULETTA v. BAXTER


45 A.D.3d 618 (2007)

845 N.Y.S.2d 826

NICHOLAS AULETTA et al., Respondents, v. KELLY A. BAXTER, Respondent, and KIM M. CATAPANO, Appellant.

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

Decided November 13, 2007.


Ordered that the order is reversed, on the law, with costs, and the motion of the defendant Kim M. Catapano for summary judgment dismissing the complaint and all cross claims insofar as asserted against her is granted.

In the course of playing with other children, the infant plaintiff attempted to hide between two parked cars on the west side of 116th Street in Queens. According to his deposition testimony, the infant plaintiff...

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