BROWN v. MUNIZ


61 A.D.3d 526 (2009)

878 N.Y.S.2d 683

DWIGHT BROWN, an Infant, by His Mother and Natural Guardian, CYNTHIA JOHNSON, et al., Appellants, v. MINERVA G. MUNIZ et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided April 21, 2009.


Plaintiff, an infant, was struck by a vehicle driven by defendant driver on a street that has a parking lane on each side and one lane for westbound traffic. Plaintiff testified at his deposition that he was playing on the sidewalk on the south side of the street when he ran between two parked cars into the street. He did not look to his right before running into the street and, as he was running through the middle of the street, he looked to his right and saw defendants...

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