Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The infant plaintiff Elena Diaz was injured when she allegedly tripped and fell on the sidewalk adjacent to premises owned by the defendant. At the time of the accident, the infant plaintiff was with the plaintiff Secundino Diaz, her father, who was using a pay telephone approximately two feet away. After the plaintiffs commenced this action, the defendant...
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