Appellate Division of the Supreme Court of New York, 1999

Garcia v. Gloria Wise Boys & Girls Club/Youth Activities Committee, Inc.

Garcia v. Gloria Wise Boys & Girls Club/Youth Activities Committee, Inc.
Appellate Division of the Supreme Court of New York · Decided November 30, 1999
266 A.D.2d 135; 698 N.Y.S.2d 854; 1999 N.Y. App. Div. LEXIS 12321
Garcia v. Gloria Wise Boys & Girls Club/Youth Activities Committee, Inc.

Opinion of the Court

—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered December 24, 1998, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

We agree with the motion court that there are triable issues as to whether the actions of the child who ran on to the race track and aggressively contacted the infant plaintiff as he ran his heat were so extraordinary, or so attenuated any negligence *136by defendant from the ultimate injury, that liability for the infant plaintiffs harm may not be reasonably imposed upon defendant (see, Perez v New York Tel. Co., 161 AD2d 191, 192). Concur — Ellerin, P. J., Williams, Lerner, Rubin and Saxe, JJ.

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