Ordered that the judgment is affirmed, with costs.
According to her deposition testimony, the plaintiff Joan Meegan was injured when the top shelf of a three-tiered display gondola located in the store owned by the defendant M. Fortunoff of Westbury, Inc. (hereinafter Fortunoff), came loose and fell on her. At the time of the occurrence, Ms. Meegan was in a crouching position inspecting merchandise on the bottom shelf of the display.
Under these circumstances...
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