MEEGAN v. WESTBURY PROP. INV. CO., INC.


234 A.D.2d 433 (1996)

651 N.Y.S.2d 152

Joan Meegan et al., Appellants, v. Westbury Property Investment Co., Inc., et al., Respondents

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

December 16, 1996


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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