ESTRADA v. BERKEL INC.


14 A.D.3d 529 (2005)

789 N.Y.S.2d 172

DANIEL ESTRADA et al., Appellants, v. BERKEL INCORPORATED et al., Respondents. (And a Third-Party Action.)

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

January 18, 2005.


Ordered that the order is affirmed, with costs.

On May 4, 2000, Jorge Estrada left his two-year-old son, the plaintiff Daniel Estrada, watching television unattended at a table in the dining room of his restaurant while he walked next door to a supermarket to purchase supplies. During his absence, Daniel arose and entered the adjacent kitchen. He then placed a chair next to the counter, climbed up, and inserted his left hand into an electric meat grinder causing him...

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