LATHEM v. DOUBLE E. OF YONKERS, INC.


53 A.D.2d 921 (1976)

Laurie Lathem, an Infant, by Her Mother and Natural Guardian Thais Lathem, et al., Appellants, v. Double E. OF Yonkers, Inc., et al., Respondents

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

July 27, 1976


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

No findings of fact were presented for review. Two eight-year-old girls in a supermarket had to use the ladies' room. An employee directed them to a staircase, but did not supervise them. The girls found a conveyer belt which was not fenced off near the staircase. They decided to take the "fun way" upstairs, got on the belt, started it, and rode to the next floor, at which point the...

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