VILLAGIO v. MANDEL FOODS, INC.


191 A.D.2d 428 (1993)

594 N.Y.S.2d 320

Melody Villagio et al., Respondents, v. Mandel Foods, Inc., Doing Business as Key Food, Respondent, and Stroehmann's Bakery, Inc., Appellant

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

March 1, 1993


Ordered that the order is reversed, on the law, with costs payable by the plaintiffs, the motion is granted, the complaint is dismissed insofar as it is asserted against Stroehmann's Bakery, Inc., and any cross claims against it are dismissed, and the action against the remaining defendants is severed.

The plaintiff Melody Villagio was injured when she fell over a bread rack left in the aisle of a supermarket. We disagree with the Supreme Court that the defendant...

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