MIFSUD v. CITY OF NEW YORK


208 A.D.2d 701 (1994)

617 N.Y.S.2d 823

Karen Mifsud, Individually and as Mother and Natural Guardian of Keith Mifsud, an Infant, Appellant, v. City of New York, Respondent

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

October 17, 1994


Ordered that the order is reversed, on the law, with costs, the plaintiffs' motion is granted, and the matter is remitted to the Supreme Court, Queens County for the purpose of issuing a commission to a person before whom depositions may be taken in accordance with CPLR 3113 (a) (2).

The infant Keith Mifsud was crossing Atlantic Avenue at its intersection with 84th Street in Queens County when he was struck by an automobile. The plaintiffs allege that the negligent...

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