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BARRAZA v. 55 WEST 47TH ST. CO.

144 A.D.2d 296 (1988)

Galaxia Barraza et al., Appellants, v. 55 West 47th Street Company et al., Defendants, and Jewelry Realty Corporation, Respondent

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

November 17, 1988

Appellants contend that a new trial on the issue of damages is required because the Supreme Court's jury instructions confused the jurors on the issue of whether the mother's negligence could be imputed to the infant plaintiff. We agree. Appellants instituted this negligence action to recover damages for the injuries sustained by the infant plaintiff who, at the age of five, was raped and sodomized while using a restroom located...

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