STERN v. SCHWARTZ


65 A.D.3d 1130 (2009)

885 N.Y.S.2d 205

SARA STERN, Appellant, v. MICHAEL SCHWARTZ, Respondent.

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

Decided September 15, 2009.


Ordered that the order is affirmed, with costs.

On March 26, 2007, the then-nine-year old plaintiff allegedly was injured when, as she was crossing Lincoln Avenue in Spring Valley, she came into contact with an automobile driven by the defendant. The accident occurred immediately after the plaintiff, who had just alighted from her mother's minivan, walked in front of the minivan and stepped into the street. The plaintiff's mother, who was still inside the minivan...

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