TURNER v. FEDERATED DEP'T STORES, INC.


182 A.D.2d 815 (1992)

Charles W. Turner et al., Appellants, v. Federated Department Stores, Inc., Defendant, and Orbach, Inc., Respondent. (And a Third-Party Title.)

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

April 27, 1992


Ordered that the order is affirmed, with costs.

The plaintiff, a New York City police officer, responded to a burglary call at an Abraham & Strauss store (hereinafter A&S) located in Queens County where he allegedly sustained personal injuries when he fell through an acoustical tile ceiling. The A&S store is part of a shopping complex which also houses an Orbach store, a common mall area, and a parking garage.

The plaintiff contends that the defendant...

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