CUNNINGHAM v. ANDERSON

506648.

66 A.D.3d 1207 (2009)

887 N.Y.S.2d 712

2009 NY Slip Op 7557

MYKELTI CUNNINGHAM, an Infant, by His Guardian, UTOPIA R. ROGERS, Appellant, v. JOHN K. ANDERSON, Defendant and Third-Party Plaintiff-Respondent. LARRY CUNNINGHAM, Third-Party Defendant-Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided October 22, 2009.


This personal injury action was originally commenced against defendant by third-party defendant, Larry Cunningham, on behalf of his son, plaintiff, seeking damages for injuries allegedly caused by exposure to lead paint. When custody of plaintiff was transferred to Utopia R. Rogers, the parties stipulated to amend the caption to substitute Rogers as plaintiff's legal guardian. Following some discovery, defendant commenced a thirdparty action seeking contribution against Cunningham...

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