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MARTINO v. SULLIVAN'S OF LIBERTY, INC.

282 A.D.2d 505 (2001)

722 N.Y.S.2d 884

MARY E. MARTINO et al., Appellants, v. SULLIVAN'S OF LIBERTY, INC., Defendant and Third-Party Plaintiff, and CAN-AM TRADING CO., INC., Defendant and Third-Party Plaintiff-Respondent. LES ENTERPRISES ST.-FERDINAND, Third-Party Defendant-Respondent.

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

Decided April 9, 2001.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff Mary Ellen Martino allegedly sustained personal injuries as a result of a tobogganing accident. The injured plaintiff and her husband commenced this action against both the store where they purchased the toboggan and the distributor, alleging that they were negligent in failing to provide warnings about the risks of using the toboggan...

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