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QUINONES v. CABALLERO

10 Misc.3d 486 (2005)

802 N.Y.S.2d 831

DELMARIE QUINONES, an Infant, by Her Mother and Natural Guardian, DELMA ALCANTARA, et al., Plaintiffs, v. CLIFTON CABALLERO et al., Defendants.

Supreme Court, Bronx County.

June 15, 2005.

Attorney(s) appearing for the Case

Mary A. Bjork, Yonkers (David Holmes of counsel), for Eliza Mills, defendant.

James P. Nunemaker Jr. & Associates, Uniondale (Keith E. Ford and Guy Moschetti of counsel), for Clifton Caballero and another, defendants.

Melucci, Celauro & Sklar, New York City (Daniel Melucci and Steven Celauro of counsel), for plaintiffs.

OPINION OF THE COURT

LUCY BILLINGS, J.

I. Introduction

Plaintiffs sue to recover damages for personal injuries and loss of services suffered January 5, 2003, when plaintiff Quinones, then 10 years old, fell on a snow covered sidewalk abutting premises owned by defendants. Defendant Eliza Mills, Leonard Mills now being deceased, moves, and the Caballero defendants cross-move, for summary judgment dismissing the complaint on the grounds...

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