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IOELE v. WAL-MART STORES, INC.

290 A.D.2d 614 (2002)

736 N.Y.S.2d 130

DAVID J. IOELE, an Infant, by COLLEEN M. IOELE, His Parent and Guardian, et al., Appellant, v. WAL-MART STORES, INC., Defendant and Third-Party Plaintiff-Respondent. DAVID J. IOELE, Third-Party Defendant-Respondent.

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

Decided January 3, 2002.

Lahtinen, J.

On October 23, 1997 at approximately 9:30 A.M., third-party defendant, David J. Ioele (hereinafter the father), and plaintiff David J. Ioele, his then four-year-old son (hereinafter the infant), exited defendant's store located in the City of Gloversville, Fulton County. As they departed the store, the infant was seated in the child seat portion of a shopping cart provided by defendant. The father testified...

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