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SHIKULA v. CUADRA FOODS CORP.

284 A.D.2d 526 (2001)

727 N.Y.S.2d 323

ALEXANDER SHIKULA, an Infant, by His Mother and Natural Guardian, AWILDA MENDEZ, et al., Appellants, v. CUADRA FOODS CORP., Doing Business as and Sued Herein as McDONALD'S RESTAURANT, Respondent.

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

Decided June 25, 2001.

Ordered that the order dated February 17, 2000, is affirmed insofar as appealed from, with costs.

The plaintiff's motion purported to bring to the attention of the Supreme Court an expert's affidavit previously submitted, albeit belatedly, in unsworn form in opposition to the defendant's original motion for summary judgment. The Supreme Court properly adhered to its original determination since the plaintiff did not proffer...

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