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BAZAN v. RITE AID OF NEW YORK, INC.

279 A.D.2d 762 (2001)

718 N.Y.S.2d 487

CHRISTOPHER BAZAN et al., Individually and as Parents and Guardians of HAYDEN BAZAN, an Infant, Appellants, v. RITE AID OF NEW YORK, INC., Respondent.

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

Decided January 11, 2001.

Peters, J.

On September 14, 1995, plaintiff Dawn Bazan was shopping at one of defendant's stores with her 17-month-old son. According to Bazan, she placed the child in the store's shopping cart and warned him that he could fall out of the cart if he did not remain seated. When she diverted her attention to shop, the child stood up and fell over the side of the cart, sustaining injuries. Bazan acknowledged that she had previously used these shopping carts to carry...

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