SAKHO v. CITY OF NEW YORK

Nos. 5805, 24262/04.

88 A.D.3d 581 (2011)

931 N.Y.S.2d 211

2011 NY Slip Op 7381

MAMADOU SAKHO, an Infant, by His Parents and Legal Guardians, KHALIL SAKHO et al., et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and MARY FELICIANO, Appellant.

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

Decided October 20, 2011.


There is no issue of fact as to whether Feliciano acted prudently under the circumstances. Feliciano testified that she was traveling 10 miles per hour when she saw plaintiff, 13 years old at the time, and another child playing on the sidewalk. Upon seeing the children and fearing that they would run onto the street, Feliciano applied her brakes to slow down. However, plaintiff entered the street outside of the crosswalk and was pushed into Feliciano's car. Plaintiff testified...

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