DAVIS v. FEDERATED DEP'T STORES, INC.


227 A.D.2d 514 (1996)

642 N.Y.S.2d 707

Theresa Davis et al., Respondents, v. Federated Department Stores, Inc., Doing Business as Abraham & Strauss, Appellant

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

May 20, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the branch of the plaintiffs' motion which was for summary judgment on the issue of liability is denied.

The plaintiff Theresa Davis (hereinafter Davis) was shopping in the defendant's department store when she was hit and injured by a pole that fell from a flatbed cart. The cart held various components of display racks, including a long pole, that had been disassembled and placed...

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