Appellate Division of the Supreme Court of the State of New York March 31, 1983 (Rush v. Sears, Roebuck & Co.)

lead-opinion

— Appeal from a judgment of the Supreme Court in favor of plaintiffs, entered January 4,1982 in Albany County, upon a verdict rendered at Trial Term (Conway, J.). On April 29, 1973, a tent that had been sold by defendant in 1966 caught fire in the yard where it had been set up for the use and enjoyment of the neighborhood children.