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THOMAS v. DRAKE

145 A.D.2d 687 (1988)

Eric O. Thomas, an Infant, by Carolyn A. Thomas, His Parent and Natural Guardian, et al., Appellants, v. Joseph J. Drake et al., Respondents. (And a Third-Party Action.)

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

December 1, 1988

Weiss, J.

This action was commenced on behalf of plaintiff Eric O. Thomas (hereinafter plaintiff) for personal injuries allegedly sustained when the infant was struck in the left leg by a tractor trailer on February 11, 1985 while walking home from school.* Supreme Court granted defendants' motion for summary judgment dismissing the complaint on the premise that plaintiff failed to make a prima facie showing of "serious injury...

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