Cesar Ivan A. v. Lolita Child Day Care

In an action to recover damages for personal injuries, etc., the plaintiff appeals from an order of the Supreme Court, Queens County (Nahman, J.), dated July 21, 2011, which granted the defendants’ motion for summary judgment dismissing the complaint.

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

On November 7, 2008, while at the defendant Lolita Child Day Care, and in the care of the defendants Dolores Pesantez and Eugenia Maldonado (hereinafter together the individual defendants), the plaintiffs…