CAIN v. AMARO


287 A.D.2d 676 (2001)

731 N.Y.S.2d 766

ANESHA CAIN et al., Appellants, v. EDWIN AMARO et al., Respondents.

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

Decided October 29, 2001.


Ordered that the judgment is reversed, on the law, the motion is denied, the complaint is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a new trial, with costs to abide the event.

The infant plaintiff allegedly sustained serious head injuries when she was struck by a vehicle. There were no eyewitnesses to the actual impact, and the infant plaintiff did not testify due to her alleged injuries. A witness testified, however, that he heard...

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