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MORETA v. CITY OF NEW YORK

10 A.D.3d 568 (2004)

782 N.Y.S.2d 78

FRANK MORETA, Also Known as FRANK PICHARDO, an Infant, by His Mother and Natural Guardian, JANET MORETA, Also Known as JANET PICHARDO, Appellant, v. CITY OF NEW YORK et al., Respondents.

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

September 28, 2004.

Order, Supreme Court, New York County (Nicholas Figueroa, J.), entered January 13, 2004, as amended by order entered on or about February 9, 2004, which, in an action for medical malpractice, granted defendants' motion to reargue their posttrial motion for a new trial, and, upon reargument, directed judgment in favor of defendants as a matter of law, unanimously affirmed, without costs.

Plaintiff's theory is that he contracted tuberculosis from his mother while the...

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