MELENDEZ v. DORVILLE

7121, 350748/08.

93 A.D.3d 528 (2012)

940 N.Y.S.2d 259

2012 NY Slip Op 2042

ANGELINA MELENDEZ, an Infant, by Her Mother and Natural Guardian, et al., Respondents, v. MARIA DORVILLE et al., Appellants.

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

Decided March 20, 2012.


Defendants failed to come forward with evidence to show that none of the injuries alleged in the bill of particulars could have been proximately caused or exacerbated by the infant plaintiff's elevated blood lead levels (see Bygrave v New York City Hous. Auth., 65 A.D.3d 842, 846-847 [2009]). In any event, plaintiffs raised triable issues of fact as to the cause and extent of the infant's injuries. Contrary to defendants' contention...

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