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CARCONE v. SENPIKE MALL CO.

156 Misc.2d 1015 (1993)

595 N.Y.S.2d 300

Joseph Carcone, an Infant, by Doreen Carcone, His Natural Parent and Guardian, Plaintiff, v. Senpike Mall Co., Defendant.

City Court of Utica.

January 4, 1993

Attorney(s) appearing for the Case

Goldbas & Goldbas (Mark Wolber of counsel), for plaintiff. Petrone & Petrone (Bernadette Romano of counsel), for defendant.

ANTHONY J. GARRAMONE, J.

The above-entitled matter was tried before the court without a jury on the 15th day of December 1992.

On September 5, 1990, the youthful plaintiff, Joseph Carcone, and two of his young friends, each being approximately 12 years of age at the time, were using a path known to them that led to the rear of the Riverside Mall Shopping Center located in the City of Utica. The three...

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