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IVAN A. v. LOLITA CHILD DAY CARE

2012-00979.

98 A.D.3d 697 (2012)

950 N.Y.S.2d 190

2012 NY Slip Op 6051

CESAR IVAN A., Individually and as Father and Natural Guardian of AMY A., an Infant, Appellant, v. LOLITA CHILD DAY CARE et al., Respondents.

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

Decided August 29, 2012.

Ordered that the order is reversed, on the law, with costs, and the defendants' motion for summary judgment dismissing the complaint is denied.

On November 7, 2008, while at the defendant Lolita Child Day Care, and in the care of the defendants Dolores Pesantez and Eugenia Maldonado (hereinafter together the individual defendants), the plaintiff's daughter (hereinafter the infant), then two years and 10 months old, sustained an eye injury. According to the individual...

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