HYATT v. MESSANA

CA 09-00837

67 A.D.3d 1400 (2009)

889 N.Y.S.2d 329

2009 NY Slip Op 08351

TERESA HYATT, Individually and as Parent and Natural Guardian of REBECCA HYATT, an Infant, Respondent, v. ANTHONY G. MESSANA et al., Appellants.

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

Decided November 13, 2009.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries sustained by her daughter when she was struck at an intersection by a vehicle operated by Kathy L. Messana (defendant). At the time of the accident, plaintiff's daughter was 12 years old and was riding her bicycle to school, in a school zone. The street on which she was riding her bicycle was controlled...

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