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DARIENZO v. WISE SHOE STORES

74 A.D.2d 342 (1980)

Theresa Darienzo et al., Plaintiffs, v. Wise Shoe Stores, Inc. et al., Defendants and Third-Party Plaintiffs-Respondents, et al., Defendant; Selbern Shoe Company, Inc., Third-Party Defendant-Appellant

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

May 12, 1980

Attorney(s) appearing for the Case

Benjamin Mandelker for appellant.

Benjamin Goldstein & Richard M. Goldstein (Michael Majewski and Joseph D. Ahearn of counsel), for Wise Shoe Stores, Inc., respondent.

Pizzitola & DiBlasi (Michael Wolpinsky and Vincent A. DiBlasi of counsel), for Gutman-Kesslyn Shoes, Inc., respondent.

HOPKINS, J. P., O'CONNOR and WEINSTEIN, JJ., concur.

RABIN, J.

Theresa Darienzo sustained personal injuries on May 20, 1968 when the high heel of her left shoe separated from the shank causing her to fall from the platform of an elevated train station onto the tracks below. Claiming negligence and breach of warranty, Mrs. Darienzo and her husband subsequently brought suit against, inter alia, Wise Shoe Stores, Inc. (Wise), the alleged retailer, and Gutman...

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