DEVITO v. TEPPER


40 A.D.3d 805 (2007)

834 N.Y.S.2d 473

JASON DEVITO, Respondent, v. JEFFREY TEPPER, Appellant, et al., Respondent.

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

Decided May 15, 2007.


Ordered that the order is affirmed insofar as appealed from, with costs.

On July 13, 2003 the plaintiff, who was working at a golf course, was struck by a golf cart operated by the appellant's son, who was approximately 3½ years old. Before the accident occurred, the appellant parked the cart on a sloped fairway, got out with his son, walked 10 yards away, and started watching a group of children to whom the plaintiff was giving golf lessons. The plaintiff testified...

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