D'AMATO v. YAP


53 A.D.3d 523 (2008)

861 N.Y.S.2d 403

NICHOLAS D'AMATO et al., Appellants, v. MEDARDO N. YAP et al., Respondents.

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

Decided July 8, 2008.


Ordered that the order dated August 15, 2007 is affirmed, without costs or disbursements; and it is further,

Ordered that the order dated October 1, 2007 is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the plaintiffs' motion for a unified trial is granted.

The seven-year-old infant plaintiff Nicholas D'Amato (hereinafter Nicholas) tripped and fell while playing with friends in the basement of the home of the defendants...

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