Ordered that the order is reversed, on the law, with costs, the defendant's motion for summary judgment dismissing the complaint is granted, and the plaintiffs' cross motion for a trial preference is denied as academic.
The plaintiff Mary Ann Zarrilla (hereinafter the plaintiff) allegedly was injured when she was struck by a battery-powered, motorcycle-type, tricycle scooter operated by her then three-year-old grandson, Michael. At the time of the incident, Michael...
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