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ARRIETA v. SHAMS WATERPROOFING, INC.

2812, 2813, 8774/01

76 A.D.3d 495 (2010)

908 N.Y.S.2d 2

JENNIFER ARRIETA et al., Appellants-Respondents, et al., Plaintiffs, v. SHAMS WATERPROOFING, INC., Respondent-Appellant, and JEROME CLUSTER I, LLC, et al., Respondents.

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

Decided August 31, 2010.

The infant plaintiffs were struck by a piece of plywood dropped from a third-floor window and sustained various injuries. Jennifer, then aged 10, suffered a displaced fracture of the right femur and was placed in a full leg cast from her upper thigh down to her foot for a period of three months. Oscar suffered a tear of the radial collateral ligament in his right elbow, as well as lacerations to his forearm and elbow, requiring...

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