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FERGUSON v. IQBAL

33 A.D.3d 657 (2006)

823 N.Y.S.2d 180

SHAMEL FERGUSON et al., Appellants, v. MOHAMMAD Z. IQBAL et al., Respondents.

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

Decided October 10, 2006.

Ordered that the judgment is affirmed, with costs to the defendant Mohammad Z. Iqbal.

The plaintiffs contend that the Supreme Court committed reversible error in declining to instruct the jury that any negligence of the infant plaintiff's mother could not be imputed to the infant plaintiff. Pursuant to General Obligations Law § 3-111, the contributory negligence of an infant plaintiff's parent or custodian shall not be imputed to the infant in an action brought...

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