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D'AMATO v. YAP

2007-08859, 2007-09811.

2008 NY Slip Op 06187

NICHOLAS D'AMATO, ETC., ET AL., appellants, v. MEDARDO N. YAP, ET AL., respondents.

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

Decided July 8, 2008.

Attorney(s) appearing for the Case

Lester B. Herzog, Brooklyn, N.Y., for appellants.

Kelly, Rode & Kelly, LLP, Mineola, N.Y. (George J. Wilson of counsel), for respondents.

Before: FRED T. SANTUCCI, J.P., DANIEL D. ANGIOLILLO, RANDALL T. ENG, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

ORDERED that the order dated August 15, 2007, is affirmed, without costs or disbursements; and it is further,

ORDERED that the order dated October 1, 2007, is reversed, on the law and in the exercise of discretion, without costs or disbursements, and the plaintiffs' motion for a unified trial is granted.

The seven-year-old infant plaintiff, Nicholas D'Amato (hereinafter Nicholas), tripped and fell while playing with friends in...

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