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CHRISTOPHER W. v. COUNTY OF SUFFOLK

2017-13097. Index No. 11478/12.

197 A.D.3d 1126 (2021)

152 N.Y.S.3d 171

2021 NY Slip Op 04922

Christopher W. et al., Appellants, v. County of Suffolk et al., Respondents, et al., Defendants.

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

Decided September 1, 2021.

Attorney(s) appearing for the Case

Neil H. Greenberg & Associates, P.C., Massapequa, NY ( Keith E. Williams of counsel), for appellants.

Dennis M. Cohen , County Attorney, Hauppauge, NY ( Diana T. Bishop of counsel), for respondents County of Suffolk and Kimberly Gandolfo.

Kelly, Luglio & Arcuri, LLP, Deer Park, NY ( Andrew A. Arcuri of counsel), for respondent Doreen Duque, as executor of the estate of Dorothy Upton.

Mastro, J.P., Austin and Connolly, JJ., concur.

Ordered that the order is affirmed, with costs payable to the respondents County of Suffolk and Kimberly Gandolfo.

While walking to school on the morning of October 24, 2011, the infant plaintiff (hereinafter the infant), then 16 years old, was struck by a vehicle owned and operated by Dorothy Upton as he was crossing Montauk Highway, at its intersection with Wagstaff Lane and Barberry Road, in West Islip, within a crosswalk...

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