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REPECKI v. HOME DEPOT USA

No. CV 96-0478 (ADS).

942 F.Supp. 126 (1996)

Glenn REPECKI and Elizabeth Repecki, Plaintiffs, v. HOME DEPOT USA, d/b/a Home Depot, Defendant.

United States District Court, E.D. New York.

October 18, 1996.

Attorney(s) appearing for the Case

Buttafuoco & Associates (James S. McCarthy, of counsel), Mineola, New York, for Plaintiffs.

Simmons, Jannace & Stagg, L.L.P. (Steven D. Jannace, Kenneth Aneser, Kevin P. Simmons, of counsel), Mineola, New York, for Defendant.

MEMORANDUM DECISION AND ORDER

SPATT, District Judge.

This is an action to recover damages for personal injuries allegedly resulting from the negligence of the defendant with regard to the storing and stacking of lumber at the defendant's Home Depot store located in Valley Stream, New York.

I. FINDINGS OF FACT AFTER TRIAL — AS TO LIABILITY

On June 17, 1995, the plaintiff Glenn Repecki ("the plaintiff" or "Repecki...

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