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MOSCHITTA v. SAMUELS

64 A.D.2d 979 (1978)

Michael H. Moschitta, an Infant, by His Father, James R. Moschitta, et al., Respondents, v. Pearl Samuels et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 25, 1978

Order reversed, with $50 costs and disbursements, and motion denied.

Plaintiffs have failed to demonstrate compliance with the criteria set forth in London v Moore (32 A.D.2d 543) respecting a causal connection between the injuries alleged and the accident. Also, there has been a failure to explain the signal and appreciable delay. After an interval of almost 10 years between the accident and the motion to amend, and in view...

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