ARENA v. OSTRIN


134 A.D.2d 306 (1987)

Mark Arena, an Infant, by Louis Arena, His Parent and Natural Guardian, et al., Respondents, v. Carol E. Ostrin, Defendant, and Southland Corporation, Doing Business as 7-11 Food Stores, et al., Appellants. (Action No. 1.) Matthew Mickiewicz, an Infant, by Edwin Mickiewicz, His Father and Natural Guardian, et al., Respondents, v. J. D. Macarthur Properties, Inc., et al., Appellants, et al., Defendant. (Action No. 2.)

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

November 9, 1987


Ordered that the order is affirmed insofar as appealed from, with costs payable to the respondents in action No. 2.

The infant plaintiffs in both actions, which were joined for trial, were injured inside a store when an automobile driven by the defendant Carol Ostrin crashed through the storefront and struck them. The accident occurred after Ostrin, while attempting to park her car in the store's parking area, mistakenly depressed the accelerator pedal rather than...

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