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KAREN E. A., INFANT BY MOTHER AND NATURAL GUARDIAN MARIA MERCEDES M., ET AL., plf-res, v. 545 WEST 146TH STREET, INC., def-ap, JOSE GONZALEZ, def

3354. KAREN E. A., INFANT BY MOTHER AND NATURAL GUARDIAN MARIA MERCEDES M., ET AL., plf-res, v. 545 WEST 146TH STREET, INC., def-ap, JOSE GONZALEZ, def — Shapiro & Coleman PC, Mineola (Richard Coleman of counsel), for ap — Greenberg & Stein, P.C., New York (Ian Asch of counsel), for res — Judgment, Supreme Court, New York County (Shlomo Hagler, J.), entered February 2, 2016, awarding plaintiffs the total sum of $240,123.23, unanimously affirmed, without costs.

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3354. KAREN E. A., INFANT BY MOTHER AND NATURAL GUARDIAN MARIA MERCEDES M., ET AL., plf-res, v. 545 WEST 146TH STREET, INC., def-ap, JOSE GONZALEZ, def — Shapiro & Coleman PC, Mineola (Richard Coleman of counsel), for ap — Greenberg & Stein, P.C., New York (Ian Asch of counsel), for res — Judgment, Supreme Court, New York County (Shlomo Hagler, J.), entered February 2, 2016, awarding plaintiffs the total sum of $240,123.23, unanimously affirmed, without costs.

This action for personal injuries was referred to a Special Referee for an inquest and report on the issue of damages. Defendant 545 West 146th Street, Inc. (defendant) waived its right to object to entry of the plastic surgeon’s report, dated August 11, 2008, as a business record, as it is undisputed that plaintiffs served it with notice of their intention to enter the document into evidence, and defendant failed to object, as required by CPLR 3122-a(c) (see Siemucha v. Garrison, 111 AD3d 1398, 1400 [4th Dept 2013]; Streicker v. Adir Rent A Car, 279 AD2d 385 [1st Dept 2001]).

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