Opinion
November 30, 1999
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.
Lester C. Rodriques, for Plaintiffs-Respondents.
April D. Adell, for Defendant-Appellant.
ELLERIN, P.J., WILLIAMS, LERNER, RUBIN, SAXE, JJ.
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 by defendants from the ultimate injury, that liability for the infant plaintiff's harm may not be reasonably imposed upon defendants (see, Perez v. New York Tel. Co., 161 A.D.2d 191, 192).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.