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LOPEZ-SERRANO v. OCHOA

2016-00817, Index No. 601198/13.

149 A.D.3d 1063 (2017)

2017 NY Slip Op 03167

52 N.Y.S.3d 480

JOHN LOPEZ-SERRANO, an Infant, by His Mother and Natural Guardian, DELMY SERRANO, et al., Appellants, v. JOSEPH OCHOA et al., Respondents. (And a Third-Party Action.)

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

Decided April 26, 2017.

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

On February 26, 2013, the plaintiff Delmy Lopez-Serrano (hereinafter the plaintiff mother) was holding the infant plaintiff, John Lopez-Serrano (hereinafter the infant plaintiff), in her arms as she attempted to descend an interior staircase on the defendants' property, when she and the infant plaintiff allegedly fell from...

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