FERRARO v. KONCAL ASSOCS.


97 A.D.2d 429 (1983)

Jaime Ferraro, an Infant, by His Mother and Natural Guardian, Mary A. Ferraro, et al., Respondents, v. Koncal Associates, Doing Business as Caldor's of Middletown, Inc., Appellant

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

October 11, 1983


Order affirmed, insofar as appealed from, with costs.

Plaintiffs served a proper notice to permit entry on defendant's property, pursuant to CPLR 3120 (subd [a]) for the purpose of inspecting clothes racks, including the glass clothes display rack which allegedly fell on the infant plaintiff and caused him to suffer severe injuries. It is uncontroverted that a date for said inspection was specified in the notice and then adjourned at defendant's request to August...

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