Ioele v. Wal-Mart Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtLahtinen, J.
Appeal from an order of the Supreme Court (Sise, J.), entered July 26, 2000 in Fulton County, which granted defendant’s motion for summary judgment dismissing the complaint.
On October 23, 1997 at approximately 9:30 a.m., third-party defendant, David J. Ioele (hereinafter the father), and plaintiff David J. Ioele, his then four-year-old son (hereinafter the infant), exited defendant’s store located in the City of Gloversville, Fulton County. As they departed the store, the infant *615was seated in the child seat portion of a shopping cart provided by defendant. The father testified that, as they…
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