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MADEY v. GRAY DRUG STORES

40 A.D.2d 270 (1973)

Stephen L. Madey, Jr., et al., Respondents, v. Gray Drug Stores, Inc., of Amherst, Appellant, and Forest City Enterprises, Defendant Stephen L. Madey, Jr., et al., Plaintiffs, v. Gray Drug Stores, Inc., of Amherst, Appellant, and Forest City Enterprises, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

January 18, 1973.

Attorney(s) appearing for the Case

Adams, Brown, Starrett & Maloney (Robert J. Connelly of counsel), for Gray Drug Stores, Inc. of Amherst, appellant.

Moot, Sprague, Marcy, Landy, Fernbach & Smythe (Richard F. Griffin of counsel), for Stephen L. Madey, Jr., and another, respondents.

Boniello, Gellman, Anton, Brydges & Conti (Earl W. Brydges, Jr., of counsel), for Forest City Enterprises, respondent.

DEL VECCHIO, J. P., MARSH, WITMER and MOULE, JJ., concur.

CARDAMONE, J.

Stephen L. Madey, Jr., the 18-year-old plaintiff, was injured at about 9:00 P.M. on June 22, 1966 when he walked at a fast pace or jogged through a plate glass door of the defendant Gray Drug Stores, Inc. (Gray Drugs).

The entrance to Gray Drugs in the Boulevard Mall Shopping Center is on the right, entering from the parking lot. This enclosed shopping mall located in the Town of Amherst...

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