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PACK v. E.R.O. INDUS., INC.

248 A.D.2d 1009 (1998)

669 N.Y.S.2d 995

Dustin A. Pack, an Infant, by Thomas S. Soja, His Guardian ad Litem, Respondent, v. E.R.O. Industries, Inc., et al., Defendants, and Sun Sportswear, Incorporated, et al., Appellants

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

March 13, 1998

Order unanimously affirmed without costs.

Memorandum:

Eight-year-old Dustin Allen Pack was lying in a sleeping bag watching television and playing with a cigarette lighter when the lighter ignited his sleeping bag and clothing, causing severe burns. At the time, Dustin was wearing a T-shirt sold by defendant Sun Sportswear, Incorporated (Sun), and a flannel shirt sold by defendant Grace International Apparel, Inc. (Grace). Thereafter, Dustin, by his guardian...

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