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HEDGES v. E. RIV. PLAZA, LLC

101854/2012

43 Misc.3d 278 (2013)

981 N.Y.S.2d 894

2013 NY Slip Op 23463

MICHAEL HEDGES, as Guardian ad Litem of MARION HEDGES, an Incapacitated Person, et al., Plaintiffs, v. EAST RIVER PLAZA, LLC, et al., Defendants.

Supreme Court, New York County.

Decided July 23, 2013.

Attorney(s) appearing for the Case

Smith Mazure Director Wilkins Young & Yagerman, P.C., New York City ( Howard J. Snyder and J. Jay Young of counsel), for Bob's Discount Furniture of NY, LLC, defendant.

Gallagher, Walker, Bianco & Plastaras, LLP, Mineola ( Richard J. Calabrese of counsel), for Costco Wholesale Corporation, defendant.

Pillinger Miller Tarallo, LLP, Elmsford ( Stephen B. Kahn of counsel), for Planned Security Service Inc., defendant.

Kramer, Dillof, Livingston & Moore, New York City ( Carmine A. Rubino of counsel), for plaintiffs.

OPINION OF THE COURT

LUCY BILLINGS, J.

Plaintiff mother, Marion Hedges, her son Dayton Hedges who accompanied her, and her husband Michael Hedges, suing derivatively and as her guardian ad litem, seek damages for her life changing injuries when two minor customers of the East River Plaza shopping center in New York County threw a shopping cart from the fourth level of the center onto her at the ground level...

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