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SESSA v. CITY OF NEW YORK

114 A.D.2d 444 (1985)

Michelle Sessa, an Infant, by Her Mother and Natural Guardian, Sarah Sessa, et al., Appellants, v. City of New York et al., Respondents. (And a Third-Party Action.)

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

October 21, 1985

Order reversed, insofar as appealed from, on the law, with costs, and the aforenoted branches of respondents' cross motions denied, without prejudice to applications by the respondents in the Supreme Court, Kings County, for additional discovery with respect to plaintiff Michelle Sessa's potential testimony, including, if they be so advised, an examination before trial of Michelle Sessa.

Trial Term erred in precluding plaintiff Michelle Sessa from testifying at trial...

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