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TENKATE v. MOORE

274 A.D.2d 934 (2000)

711 N.Y.S.2d 587

DONNA TENKATE et al., Individually and as Parents and Guardians of ERICA TENKATE, an Infant, Respondents, v. MARIE S. MOORE et al., Defendants and Third-Party Plaintiffs-Appellants-Respondents. NATIONAL GRANGE MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent-Appellant.

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

Decided July 27, 2000.

Rose, J.

In August 1995, defendant Marie S. Moore provided child care services for plaintiffs by babysitting their 13-month-old daughter, Erica Tenkate, in Moore's home. On August 2, 1995, Moore informed plaintiff Donna Tenkate (hereinafter plaintiff) of two unexplained bruises on Erica's back and the child's favoring of one of her arms during the day. Plaintiff subsequently observed that Erica was lethargic and inactive, but attributed these symptoms to a recent...

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