DIAZ v. BARIMAH

2200, 350465/11.

144 A.D.3d 497 (2016)

2016 NY Slip Op 07597

40 N.Y.S.3d 762

SCARLET DIAZ, an Infant by Her Father and Natural Guardian, RENE DIAZ, et al., Appellants, v. YAW BARIMAH et al., Respondents.

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

Decided November 15, 2016.


Defendants established prima facie that the infant plaintiff did not suffer a serious psychological injury as a result of the accident in which she was struck by defendants' vehicle, through an affidavit by a psychologist who examined her and found no objective symptoms of posttraumatic stress disorder or any other psychological illness (see Hill v Cash, 117 A.D.3d 1423, 1425-1426 [4th Dept 2014]; Krivit v Pitula, ...

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