WHITE v. TUTOR TIME

2009-06302

71 A.D.3d 761 (2010)

896 N.Y.S.2d 164

DAVID WHITE et al., Appellants, v. TUTOR TIME, Respondent.

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

Decided March 9, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the plaintiffs' cross motion which was to compel the defendant to produce Emily Picarello for a deposition is granted.

On August 13, 2007 the infant plaintiff was injured while playing in the yard outside the defendant's childcare facility in Medford. The infant plaintiff was almost six years old at the time of the accident. The accident allegedly was witnessed...

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