KAREN E.A. v. 545 WEST 146TH STREET, INC.

3354, 110605/08.

148 A.D.3d 464 (2017)

2017 NY Slip Op 01789

49 N.Y.S.3d 404

KAREN E.A., an Infant, by Her Mother and Natural Guardian, MARIA MERCEDES M., et al., Respondents, v. 545 WEST 146TH STREET, INC., Appellant, et al., Defendant.

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

Decided March 9, 2017.


This action for personal injuries was referred to a Special Referee for an inquest and report on the issue of damages. Defendant 545 West 146th Street, Inc. (defendant) waived its right to object to entry of the plastic surgeon's report, dated August 11, 2008, as a business record, as it is undisputed that plaintiffs served it with notice of their intention to enter the document into evidence, and defendant failed to object, as required by CPLR 3122-a (c) (see Siemucha...

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