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SPEARMON v. TIMES SQUARE STORES CORP.

96 A.D.2d 552 (1983)

Ray Spearmon, Respondent, v. Times Square Stores Corp., Respondent, and Quaker State Oil Refining Corp., Appellant

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

July 18, 1983

Order reversed, on the law, with costs and motion granted.

Plaintiff, a temporary employee engaged by TSS at its retail department store in Melville, New York, was injured on April 25, 1979, when a carton of Quaker State motor oil fell on him at those premises. In his complaint, plaintiff alleged, inter alia, that: (1) the carton which fell on him had come from a dangerously "high and unbalanced stack" of cartons of Quaker State motor oil and (2) the defendants...

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