Ordered that the order is affirmed, with costs.
The infant plaintiff commenced this action based on allegations that the defendant negligently permitted a certain baby formula to be sold after its expiration date. The complaint alleges that "as a result of [this] defect in this product . . . plaintiff's consumption of same caused plaintiff severe and permanent injury."
The bill of particulars dated August 10, 2000, refers to gastroenteritis, gastroesophageal...
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