34 A.D.2d 872 | N.Y. App. Div. | 1970
Appeal from an order of the Supreme 'Court at Trial Term, entered January 20, 1969 in Fulton County, which granted a motion to dismiss the complaint upon the ground that the plaintiff failed to raise any triable issues of fact. This wrongful death action arose out of an automobile accident in which an automobile struck and killed Eric Snell, a four-year-old boy. The accident occurred on June 1, 1966 at about 3:40 p.m. on North Street, which runs in an east-west direction in the City of Gloversville, and is just wide enough for two vehicles to pass each other when other vehicles are parked on one side of the street. The curb on the southerly side of the street is separated from the sidewalk by a grass area about two feet wide. On June 1, 1966, shortly before the accident, the decedent’s mother left him standing on the sidewalk on the southerly side