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CARMEN O. v. JAMES

1043, 350323/12.

139 A.D.3d 423 (2016)

29 N.Y.S.3d 172

2016 NY Slip Op 03442

CARMEN O., an Infant, by Her Mother and Natural Guardian, GLORIA O., et al., Respondents, v. STEPHEN JAMES et al., Appellants.

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

Decided May 3, 2016.

Issues of fact exist as to whether defendant drivers used reasonable care to avoid hitting the infant plaintiff (plaintiff), then 15 years old, who was crossing a roadway outside the crosswalk and had stopped in the middle of the road before being hit by defendants (see Vehicle and Traffic Law §§ 1146 [a]; 1180 [a]; Andre v Pomeroy, 35 N.Y.2d 361, 364 [1974]; Romeo...

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