BARRIGA v. SAPO


250 A.D.2d 795 (1998)

673 N.Y.S.2d 211

Dora Barriga, Individually and as Mother and Natural Guardian of David Barriga, an Infant, Respondent, v. Anna Sapo et al., Defendants, and Freddy Barriga et al., Appellants

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

May 26, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the appellants' motion is granted, and, upon searching the record (CPLR 3212 [b]), the separate motion by the defendants Anna Sapo and German Shapiro for summary judgment is granted, and the complaint is dismissed.

By order dated March 5, 1997, the Supreme Court granted a 60-day conditional order precluding the plaintiffs from offering any evidence at trial as to damages unless they...

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