CRUZ v. CITY OF NEW YORK

11525. 26699/16E.

183 A.D.3d 466 (2020)

2020 NY Slip Op 02887

Edwin Cruz, Respondent, v. City of New York et al., Respondents-Appellants, and Simpson Street Development Association, Inc., Appellant-Respondent, et al., Defendant.

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

Decided May 14, 2020.


The infant was injured after he was released from an after-school program run by defendant SSDA at a City middle school in the Bronx through an exit onto Fox Street. He and his brother and a few friends began playing a game involving chasing people and giving them bear hugs; to avoid hugging a certain friend, the infant ran across Fox Street and was struck by a vehicle.

Defendants established that the infant had been released from the school before the accident happened...

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