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LOWE, III. v. DOLLAR TREE STORES, INC.

40 A.D.3d 264 (2007)

835 N.Y.S.2d 161

RONALD LOWE, III, an Infant, by His Father and Natural Guardian, RONALD LOWE, et al., Plaintiffs, v. DOLLAR TREE STORES, INC., Also Known as DOLLAR TREE NEW YORK, INC., Defendant and Third-Party Plaintiff-Appellant. MAINKEY TOYS, Third-Party Defendant-Respondent.

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

Decided May 3, 2007.

The infant plaintiff was injured by a toy purchased from Dollar Tree that was supplied to it by third-party defendant Mainkey Toys. In this personal injury action, Dollar Tree sought indemnification from Mainkey and moved for summary judgment.

Dollar Tree's motion should have been granted. The record establishes that Mainkey, a large-scale distributor located in China, sold approximately 300,000 of the toys at issue to Dollar

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