HOBERMAN v. KIDS "R" US


187 A.D.2d 187 (1993)

Lee Hoberman et al., Respondents, v. Kids "R" Us, Inc., Appellant, American Continental Properties of New Jersey, Respondent, and Rockland Center Associates, Appellant-Respondent, et al., Defendant. (And a Third-Party Action.)

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

February 4, 1993


Attorney(s) appearing for the Case

David H. Perecman of counsel, New York City (Alan Gerson with him on the brief; Perecman & Dersovitz, P. C., attorneys), for respondents.

Steven R. Lau of counsel, White Plains (Cerussi & Spring, attorneys), for appellant.

Carol L. Schlitt of counsel, New York City (Acito & Klein, P. C., attorneys), for appellant-respondent.

ROSS and RUBIN, JJ., concur with MILONAS, J. P.; KUPFERMAN, J., dissents and would affirm for the reasons stated by FINGERHOOD, J.


MILONAS, J. P.

Plaintiff Lee Hoberman allegedly sustained personal injuries on the night of November 9, 1985 when, during a shopping excursion with his wife, plaintiff Sandra Hoberman, he tripped and fell over a dolly that was located on the sidewalk in front of defendant's Kids "R" Us store in the Rockland Center Shopping Mall. At his deposition he described the dolly in detail but did not recall seeing any...

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