FUSILLI v. CALDOR, INC.


226 A.D.2d 246 (1996)

641 N.Y.S.2d 259

Michelinea Fusilli, Plaintiff-Respondent, v. Caldor, Inc., et al., Defendants-Appellants

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

April 23, 1996


Plaintiff sustained a fracture of the right ankle when she slipped while attempting to clean a wading pool. She testified that, after the pool was first used on June 30, 1991, she tried to empty the water by pressing down on the side wall, as illustrated in the instructions, leaving approximately one inch of standing water. Before its second use on July 2, plaintiff stepped into the pool to clean around the rim. She did not, however, think that it was necessary to clean the...

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