PETERSON v. CITY OF NEW YORK


286 A.D.2d 287 (2001)

730 N.Y.S.2d 58

DIQUAN PETERSON, an Infant, by His Parent and Natural Guardian, WILHELMINA PETERSON, et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided August 30, 2001.


This action, brought on behalf of an infant by his parent and by the parent, individually, against the City of New York for personal injury, including neurological damage to the infant and derivative loss, respectively, arising out of the infant's ingestion of lead paint, was commenced in October of 1995 and, apparently unbeknownst to the parties, marked off the calendar in June of 1997 as the result, plaintiffs claim, of clerical error. In July of 1997, plaintiffs' new counsel...

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