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MARITZA P. v. DEVEREUX FOUNDATION

3762, 101423/10.

149 A.D.3d 554 (2017)

2017 NY Slip Op 02945

50 N.Y.S.3d 268

MARITZA P., as Mother and Guardian Ad Litem of ISMAEL DANIEL M., an Infant, et al., Respondents, v. DEVEREUX FOUNDATION et al., Appellants, et al., Defendant.

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

Decided April 18, 2017.

Defendants having satisfied their initial burden on summary judgment, the burden shifted to plaintiffs to raise a triable issue of fact (see CPLR 3212 [b]; Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). In satisfaction of their burden, plaintiffs offered competent proof in the form of deposition testimony, medical records and police records, which raised triable issues (see generally N.X. v Cabrini Med. Ctr.,

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