HENDERSON v. WALDBAUMS


149 A.D.2d 461 (1989)

Joan Henderson, Respondent, v. Waldbaums, Appellant. (And a Third-Party Action.)

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

April 10, 1989


Ordered that the interlocutory judgment is affirmed, with costs.

The record shows that the plaintiff customer was struck by a shopping cart which was being used to effect a delivery by the third-party defendant's Dean's Products, Inc. (hereinafter Dean's) in the defendant Waldbaums store. The plaintiff was looking at the selection in the meat counter and the accident happened so fast that she was unable to say who was operating the cart. However, she did notice that...

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