LOMONTE v. A & P FOOD


107 Misc.2d 88 (1981)

Nicholas Lomonte, Respondent, v. A & P Food Stores, Appellant.

Supreme Court, Appellate Term, First Department.

January 27, 1981


Attorney(s) appearing for the Case

Montfort, Healy, McGuire & Salley (E. Richard Rimmels, Jr., and Donald S. Neumann, Jr., of counsel), for appellant. Isaacson, Robustelli, Fox, Fine & Greco, P. C. (Paul Verbesey and Philip A. Greco of counsel), for respondent.

Concur: HUGHES, J. P., TIERNEY and RICCOBONO, JJ.


Per Curiam.

Order entered January 11, 1980 is reversed, with $10 costs, and the jury's verdict is reinstated.

Plaintiff was a regular customer of the defendant's supermarket located approximately two thirds of a block from his home. Plaintiff, and ostensibly others, had for a number of years followed the practice of wheeling groceries home in the defendant's shopping carts which carts would then be left on...

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