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SANCHEZ v. AHMED

1283.

67 A.D.3d 540 (2009)

889 N.Y.S.2d 37

2009 NY Slip Op 08471

RUBEN SANCHEZ, an Infant, by His Mother and Natural Guardian, OLGA CORONA, et al., Respondents, v. NASIM AHMED et al., Appellants.

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

Decided November 17, 2009.

Defendants did not meet their burden of establishing prima facie that infant plaintiff did not sustain permanent loss or permanent consequential or significant limitations as a result of being struck by defendants' vehicle as he was crossing the street. Both the infant and his mother testified at their depositions on May 29, 2007, and reported to defendants' examining physician, that the child began having headaches three weeks...

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