LEAL v. LEVY


32 A.D.3d 797 (2006)

823 N.Y.S.2d 121

GABRIELA LEAL, an Infant, by Her Father and Natural Guardian, FRANCISCO LEAL, et al., Appellants, v. LAWRENCE LEVY, Respondent, et al., Defendant.

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

September 28, 2006.


In October 2000, 13-year-old plaintiff Gabriela Leal sustained injuries while seated in the rear passenger seat of a car owned and operated by her mother, defendant Deleal, which was sideswiped by a vehicle owned and operated by defendant Levy. Although the infant plaintiff experienced pain in her neck, back and right shoulder, she did not seek treatment until the day after the accident, when she went to a physical therapy center. About two weeks later, plaintiff consulted...

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