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RABENA v. CITY OF NEW YORK

147 Misc.2d 538 (1990)

Philip Rabena, an Infant, by His Mother and Natural Guardian, Genevieve Rabena, et al., Plaintiffs, v. City of New York et al., Defendants.

Civil Court of the City of New York, Kings County.

May 7, 1990

Attorney(s) appearing for the Case

David P. Kownacki for plaintiffs. Joseph W. Conklin and James M. Lloyd for Association for Help of Retarded Children, defendant. Killarney, Brody & Fabiani (Peter Samberg of counsel), for Specialty Bus Corp., defendant.

JOHN R. CANNIZZARO, J.

This is a negligence action to recover for personal injuries sustained by a severely handicapped, mentally retarded infant wherein the infant plaintiff by his mother and natural guardian seeks to enforce their claim upon the doctrine of res ipsa loquitur.

Over objection of the plaintiff, the action was bifurcated as prescribed by 22 NYCRR 202.40 and liability was tried first...

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