Legal Opinion
Rumrill v. Epting
Appellate Division of the Supreme Court of the State of New York
Decided June 10, 1982PublishedCited by 5 opinions
1Opinion of the Court
— Appeal from an order of the Supreme Court at Special Term (Kahn, J.), entered April 29, 1981 in Albany County, which: (1) denied defendants’ motion, pursuant to CPLR 3216, to dismiss the complaint for failure to prosecute, and (2) denied defendants’ motion for summary judgment. On January 8, 1978, the infant plaintiff, then 10 years old, and his mother, plaintiff Yvonne Rumrill, entered defendant Fay’s Drug Store. The child separated from his mother and proceeded to the toy aisle where he picked up and handled a container of “Slime”, a gelatinous substance. After defendant Epting, a…
2Cases cited5 opinions
- Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
- Beermont Corp. v. YagerAppellate Division of the Supreme Court of the State of New York · 1970
- Smith v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1980
- Caton v. RedmondAppellate Division of the Supreme Court of the State of New York · 1981
- Smith v. City of TroyNew York Court of Appeals · 1981
3Cited by5 opinions
- Balancio v. American Optical Corp.New York Court of Appeals · 1985
- Lyons v. ButlerAppellate Division of the Supreme Court of the State of New York · 1987
- Martinisi v. Cornwall HospitalAppellate Division of the Supreme Court of the State of New York · 1991
- Bush v. HaywardAppellate Division of the Supreme Court of the State of New York · 1989
- Mariacher v. GicewiczAppellate Division of the Supreme Court of the State of New York · 1991