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PEREZ v. MINI-MAX STORES

231 A.D.2d 162 (1997)

661 N.Y.S.2d 659

Sonya Perez et al., Appellants, v. Mini-Max Stores, Inc., et al., Respondents

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

August 18, 1997

Attorney(s) appearing for the Case

Ready & Pontisakos, Garden City (Kenneth J. Ready, John D. Pontisakos, Steven T. Lane and Leonora Bloom of counsel), for appellants.

Maloof, Lebowitz, Connahan & Oleske, New York City (Michelle Mordkoff of counsel), for Mini-Max Stores, Inc. and another, respondents.

Quirk & Bakalor, P. C., New York City (Richard Bakalor of counsel), for Union Underwear Company, Inc. and another, respondents.

ROSENBLATT, J. P., O'BRIEN and McGINITY, JJ., concur in a Per Curiam opinion; SULLIVAN, J., dissents in a separate opinion

Per Curiam.

On December 5, 1988, the five-year-old plaintiff was severely burned when he allegedly dropped a cigarette lighter he was playing with onto his thermal undershirt, causing it to catch on fire. The shirt was manufactured by defendant Union Underwear Company, Inc., and/or Fruit of the Loom, Inc. (hereinafter collectively Union), and was sold at retail to the infant plaintiff's mother by the defendant Mini-Max Stores...

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