SMILEY v. JOHNSON

2010-03525.

79 A.D.3d 850 (2010)

912 N.Y.S.2d 672

DENZEL SMILEY, an Infant, by MAUREEN SMILEY, His Mother and Natural Guardian, et al., Respondents, v. PAULETTE JOHNSON, Also Known as PAULETTE WILSON, Appellant.

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

Decided December 14, 2010.


Ordered that the order is affirmed, with costs.

The 10-year-old plaintiff (hereinafter the plaintiff) was walking through the parking lot of the Five Towns Shopping Center when a motor vehicle owned and operated by the defendant ran over his right foot, causing him to be thrown to the ground. After issue was joined, the defendant moved for summary judgment dismissing the complaint, on the ground that she did not bear any liability for the happening of the occurrence...

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