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DOMINGUEZ v. MANHATTAN & BRONX SURFACE TRANSIT OPERATING AUTH.

62 A.D.2d 933 (1978)

Wilfredo Dominguez, an Infant, by His Mother and Natural Guardian, Santo Perez, et al., Respondents, v. Manhattan and Bronx Surface Transit Operating Authority, Appellant

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

April 13, 1978

On defendant's motion to dismiss for failure to state a prima facie case, the infant plaintiff was entitled to have the proof read in a light most favorable to him. The motion should have been granted if there was no rational process by which the jury could have found for the plaintiff (Calvaruso v Our Lady of Peace R. C. Church, 36 A.D.2d 755). With these criteria in mind, the operative facts will be synopsized below. At about 6...

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