ROSADO v. ALHATI

4904, 21874/03.

83 A.D.3d 593 (2011)

922 N.Y.S.2d 42

DAMARIS ROSADO, an Infant, by Her Father and Natural Guardian, IVAN ROSADO, et al., Respondents, v. NJIE ALHATI et al., Respondents, and CITY OF NEW YORK, Appellant.

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

Decided April 26, 2011.


The City established its entitlement to judgment as a matter of law on plaintiffs' claim that it negligently failed to ensure that a crossing guard was present at the crosswalk near infant plaintiff's school at the time she was struck by a car. In opposition, plaintiffs failed to raise a triable issue of fact as to whether they justifiably relied on the City to provide a crossing guard where infant plaintiff's use of the crosswalk was unanticipated and her father did not...

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