NINA W. v. NDI KING LIMITED PARTNERSHIP

11038, 350363/08

112 A.D.3d 460 (2013)

977 N.Y.S.2d 13

2013 NY Slip Op 8202

NINA W., an Infant, by NINA MARISOL F., Her Mother, Appellant, v. NDI KING LIMITED PARTNERSHIP et al., Respondents.

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

Decided December 10, 2013.


Order, Supreme Court, Bronx County (Kenneth L. Thompson, Jr., J.), entered December 27, 2012, which granted defendants' motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion denied.

Plaintiff, born April 25, 2002, suffers from mental retardation and cerebral palsy. She is unable to walk and is dependent on others for everything.

On December 22, 2007, plaintiff was sleeping in the bottom bed of...

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