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ALDER v. NEW YORK CITY HOUSING AUTHORITY

270 A.D.2d 157 (2000)

704 N.Y.S.2d 584

XAVIER ALDER, an Infant, by His Mother and Natural Guardian, MARIA RIVERA, et al., Respondents, v. NEW YORK CITY HOUSING AUTHORITY, Appellant.

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

Decided March 23, 2000.

The infant allegedly suffered a spiral fracture of his right tibia on August 6, 1992, at the age of three when a banister fell on him. According to plaintiffs, the infant, who is now 11 years old, suffers residual effects from the accident. Plaintiffs claim that not only are these residual injuries permanent, but that they will become progressively worse in the future. Under these circumstances, defendant demonstrated its entitlement...

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