FARKAS v. CEDARHURST NATURAL FOOD SHOPPE, INC.


41 N.Y.2d 1041 (1977)

Kerwyn Farkas, Appellant, v. Cedarhurst Natural Food Shoppe, Inc., Respondent.

Court of Appeals of the State of New York.

Decided April 28, 1977.


Attorney(s) appearing for the Case

David Dean and John P. Flaherty, Jr., for appellant.

Charles S. Hefter and Martin Rosen for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.


MEMORANDUM.

The order of the Appellate Division granting summary judgment dismissing the complaint should be affirmed, with costs.

Plaintiff fell when climbing on what is described as a "display shelf" to reach an electrical fixture in the ceiling. No admissible proof is tendered that the use of the display shelf for climbing was "reasonably to be perceived" (Basso v Miller, 40 N.Y.2d 233...

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