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MRAKOVCIC v. ROSE ART INDUSTRIES, INC.

26 A.D.3d 316 (2006)

809 N.Y.S.2d 538

CHRISTOPHER MRAKOVCIC et al., Appellants, v. ROSE ART INDUSTRIES, INC., Respondent.

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

February 7, 2006.

Ordered that the order is affirmed, with costs.

The infant plaintiff was injured when his 5½-year-old brother hurled a broken piece of a dry-erase board at him and it struck him in the eye. The dry-erase board, which was manufactured by the defendant Rose Art Industries, Inc., had broken when it fell off the refrigerator on to the ceramic floor. In the ensuing action, the infant plaintiff, and his mother derivatively...

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