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DiMARCO v. SUPERMARKETS GEN. CORP.

137 A.D.2d 651 (1988)

Salvatore DiMarco et al., Individually and as Guardians of Vince DiMarco, an Infant, Appellants, v. Supermarkets General Corporation et al., Respondents, et al., Defendant

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

February 16, 1988

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the respondents' cross motion which was for partial summary judgment dismissing the plaintiffs' fourth cause of action is denied.

Viewing the evidence and pleadings in the record in a light most favorable to the plaintiffs (see, Grand Realty Co. v City of White Plains, 125 A.D.2d 639), we conclude the trial court...

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