Thomas v. Supermarkets General Corp.

OPINION OF THE COURT

Bernard F. McCaffrey, J.

This is an action for emotional injuries allegedly sustained by the infant plaintiffs and by plaintiff, Reverend Alan Thomas, as the result of viewing a pornographic passage that was contained at the end of a videotape entitled, "Who Framed Roger Rabbit” that was rented at a Pathmark Supermarket operated by the defendant which was located in Bald*829win, New York. According to the complaint, the subject videotape was rented by the infant plaintiffs’ mother on April 14, 1990.

While the children, ages 7 and 4 respectively, viewed the tape later that day,…