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KODJOVI v. TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK

4064, 116889/06, 4064A.

80 A.D.3d 495 (2011)

915 N.Y.S.2d 251

CARA KODJOVI, an Infant, by Her Mother and Natural Guardian, MARJORY KODJOVI, Appellant, v. TRUSTEES OF COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK, Respondent.

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

Decided January 18, 2011.

On its motion for summary judgment, defendant failed to meet its burden of establishing prima facie that plaintiff did not suffer an injury causally related to her exposure to lead paint. The very affidavits by two of plaintiff's experts on which defendant relied in its moving papers were based on numerous well accepted neurological tests and reflected a loss of at least seven IQ points and an impairment of perceptual-motor abilities attributable to lead poisoning (see...

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