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PAGAN v. NEW YORK CITY HOUS. AUTH.

166 A.D.2d 390 (1990)

Felix Pagan, an Infant, by His Mother and Natural Guardian, Nellie Pagan, et al., Respondents, v. New York City Housing Authority, Appellant

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

October 30, 1990

In light of the state of mental retardation of the infant plaintiff and his inability to speak, plaintiffs have tendered an acceptable excuse for not offering his statement with respect to the conditions existing at the time of his slip and fall upon the rampway used to transport garbage out of the defendant's building. The infant's mother's affidavit interpreting the hand language of the infant was sufficient. In addition, the statement by the infant's mother with respect...

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