LOMEDICO v. CASSILLO


56 A.D.3d 1271 (2008)

MARIO LOMEDICO et al., Individually and as Parents and Natural Guardians of MARC LOMEDICO, an Infant, Appellants, v. JOSEPH CASSILLO et al., Defendants, and WAL-MART STORES, INC., et al., Respondents. (Appeal No. 1.)

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

November 21, 2008.


Memorandum:

Plaintiffs commenced this action seeking damages for injuries sustained by their son during a fight with other high school students in a parking lot. Defendant Herkimer County Industrial Development Agency (IDA) owned the property on which the parking lot was located, and IDA leased the property to defendant Widewaters Herkimer Company, LLC (Widewaters). Widewaters in turn leased the parking lot and a store...

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