McFADDEN v. VILLAGE OF OSSINING


48 A.D.3d 761 (2008)

854 N.Y.S.2d 141

ADRIANA McFADDEN et al., Respondents, v. VILLAGE OF OSSINING, Appellant, et al., Defendant. (And Another Title.)

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

Decided February 26, 2008.


Ordered that the order is reversed, on the law, with costs, and the motion by the Village of Ossining for summary judgment dismissing the complaint insofar as asserted against it is granted.

The plaintiff Thelma McFadden was crossing South Highland Avenue in the appellant Village of Ossining, while holding her 14-month old granddaughter, the infant plaintiff Adriana McFadden, against her hip, when they were struck by a motor vehicle owned by Thomas P. Barone and operated...

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