BALL v. CAESAR

769 CA 17-02233.

162 A.D.3d 1735 (2018)

79 N.Y.S.3d 817

2018 NY Slip Op 04894

Asia Ball, as Parent and Natural Guardian of Infant A.K., Respondent, v. Orlando Caesar, Defendant, and Kelli Smith et al., Appellants.

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

Decided June 29, 2018.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the cross motion is denied, the motion is granted and the complaint is dismissed against defendants Kelli Smith and Kelli's Little One-Z Childcare, Inc.

Memorandum: Plaintiff commenced this action seeking damages for injuries sustained by her infant son in a motor vehicle accident. At the time of the accident, the child was in the care and custody of Kelli Smith...

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