WARD v. PYRAMID COMPANY OF ONONDAGA


11 A.D.3d 1012 (2004)

784 N.Y.S.2d 266

KAREN WARD, Individually and as Parent and Natural Guardian of TYLER WARD, an Infant, Appellant, v. PYRAMID COMPANY OF ONONDAGA, et al., Respondents.

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

October 1, 2004.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in part and reinstating the first and third causes of action and as modified the order is affirmed without costs.

Memorandum:

Plaintiff's then six-year-old son was sexually assaulted while using a bathroom at a shopping mall owned and operated by defendants. Following the criminal conviction of the assailant, plaintiff commenced...

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