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ETU v. CUMBERLAND FARMS, INC.

148 A.D.2d 821 (1989)

William J. Etu, III, et al., Individually and as Administrators of The Estate of William J. Etu, IV, Deceased, Appellants-Respondents, v. Cumberland Farms, Inc., et al., Appellants, and Spencer Gifts Retail Stores, Inc., Doing Business as Spencer Gifts, Inc., et al., Respondents

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

March 9, 1989

Mercure, J.

On June 30, 1983, plaintiffs' decedent, a 15 year old, purchased a simulated driver's license from a retail store owned and operated by defendant Spencer Gifts Retail Stores, Inc. Instructions were included which provided "you can be older or younger with INSTANT PROOF OF AGE"; "Just fill out and add your photo." The "license" contained spaces for completing information and had the words "Not Valid" in a pinkish color across the back. Thereafter...

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