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CALDOR OF MIDDLETOWN, INC. v. LaFAYETTE DISPLAY FIXTURES, INC.

148 A.D.2d 489 (1989)

Caldor of Middletown, Inc., Appellant, v. LaFayette Display Fixtures, Inc., Respondent

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

March 13, 1989

Ordered that the judgment is affirmed, with costs.

On September 26, 1981, Jaime Ferraro, then age seven, was injured at the premises of the plaintiff Caldor of Middletown, Inc., when a clothing rack, called a rounder, fell on him. The plaintiff had purchased the rounder from the defendant. In December 1981 Ferraro, by his mother, sued the plaintiff for damages for personal injuries. On December 1, 1983, the plaintiff notified the defendant of Ferraro's suit against...

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