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BAROCAS v. WOOLWORTH CO.

207 A.D.2d 145 (1995)

Solon Barocas, an Infant, by his Father and Natural Guardian, Harvey Barocas, et al., Plaintiffs, v. F.W. Woolworth Co., Defendant and Third-Party Plaintiff-Respondent. Harvey Barocas et al., Third-Party Defendants-Appellants

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

January 12, 1995

Attorney(s) appearing for the Case

Cheryl F. Korman of counsel, Uniondale (Evan H. Krinick with her on the brief; Rivkin Radler & Kramer, attorneys), for third-party defendants-appellants.

Frederick D. Schmidt, Jr., of counsel, New York City (William Kleen with him on the brief; Caulfield, Heller & Harris, attorneys), for third-party plaintiff-respondent.

WALLACH, J. P., ASCH and RUBIN, JJ., concur.

WILLIAMS, J.

The question on this appeal is whether alleged parental negligence in providing an action figure doll to an infant can give rise to liability.

On January 7, 1984, the infant plaintiff's mother purchased two plastic, posable action figures from defendant. The packaging for the toy bore a legend stating that it was recommended for children over the age of 3 years. At the time, the infant plaintiff...

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