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BEHRENS v. NORTH MERRICK FRUITS, INC.

2016-06354, Index No. 6861/14.

148 A.D.3d 972 (2017)

2017 NY Slip Op 02012

50 N.Y.S.3d 161

JOAN BEHRENS, Appellant, v. NORTH MERRICK FRUITS, INC., Doing Business as PATS FARMS, Respondent.

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

Decided March 22, 2017.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly sustained personal injuries when, while exiting the defendant's store while pushing a shopping cart she was using to transport two 40-pound bags of topsoil that were stacked vertically in the child seat portion thereof, the cart tipped over causing her to fall. The plaintiff thereafter commenced this action against the defendant to recover damages for...

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