The following numbered papers were read on this motion: Submitted by Plaintiffs NYSCEF Doc No. 16: Notice of Motion & Proposed Order NYSCEF Doc No. 17: Statement of Material Facts NYSCEF Doc No. 18: Exhibit A — Police Report NYSCEF Doc No. 19: Exhibit B — Summons & Complaint NYSCEF Doc No. 20: Exhibit C — Answer NYSCEF Doc No. 21: Exhibit F — Bill of Particulars NYSCEF Doc No. 22: Exhibit E — Affidavit of Ling Jiang ["Jiang Aff"] NYSCEF Doc No. 23: Exhibit F — Affidavit of Zhao Chen ["Chen Aff"] NYSCEF Doc No. 24: Affirmation of Service NYSCEF Doc No. 25: Affirmation of James D. Neville, Esq. in Support ["Neville Affn in Support"] Submitted by Defendant NYSCEF Doc No. 26: Affirmation of David Brown, Esq. in Opposition ["Brown Affn in Opp"] NYSCEF Doc No. 27: Statement of Material Facts NYSCEF Doc No. 28: Exhibit A — Affidavit of Jing Zhang ["Zhang Aff"] Submitted by Plaintiffs NYSCEF Doc No. 29: Reply Affirmation of James D. Neville, Esq. in Support ["Neville Reply Affn in Support"] Filed by Court NYSCEF Doc No. 30: Transcript of Proceedings DECISION AND ORDER I. Questions Presented Three issues arise in this action commenced by Plaintiffs against Defendant driver for injuries sustained by infant Plaintiff due to Defendant’s alleged negligence per se in striking the child. First, is a defendant negligent as a matter of law where he struck an infant — whom he concededly did not see — crossing together with his parents in a crosswalk with the right of way? Second, may alleged contributory negligence on the part of the parents — not having held the infant’s hand or otherwise restrained him, as argued herein by the defendant — be asserted as a counterclaim or an affirmative defense for contribution and/or indemnification as a matter of law? Third, may alleged contributory negligence on the part of an infant plaintiff — not grasping a parent’s hand, as argued herein by the defendant — be asserted by the defendant as a counterclaim or an affirmative defense for contribution and/or indemnification as a matter of law? The last two questions present legal issues of first impression with respect to the degree of physical contact necessary to be maintained between parents and a young child, such as by holding hands or otherwise restraining him, when crossing the street, so as to avoid either the parents or the child being contributorily negligent if the child is struck by a motorist. II. Background On October 18, 2021, Defendant Jing Zhang (“Defendant”) struck infant child J.J. (“J.J.” or “Plaintiff J.J.”) while making a left turn from northbound 7th Avenue onto westbound 55th Street (see generally NYSCEF Doc No. 19, Complaint). At the time, J.J and his father, Zhao Chen (“Chen”), followed Ling Jiang, the mother (“Jiang” or “Plaintiff Jiang”), as they crossed 55th Street in a southbound direction within the crosswalk and in accordance with the WALK traffic signal (see NYSCEF Doc No. 22, Jiang Aff,
3, 5; NYSCEF Doc No. 23, Chen Aff
