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RUGGIERO v. WALDBAUMS SUPERMARKETS, INC.

242 A.D.2d 268 (1997)

661 N.Y.S.2d 37

Carmela Ruggiero et al., Appellants, v. Waldbaums Supermarkets, Inc., Respondent

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

August 4, 1997

Ordered that the order is affirmed, with costs.

On January 31, 1993, at about 5:00 P.M., the injured plaintiff was shopping in a Waldbaums supermarket on Staten Island. When the injured plaintiff, who is 4 feet 11 inches tall, reached to get two six-packs of apple juice off the top shelf in the juice aisle, the six-packs fell and struck her in the forehead. At her deposition, the injured plaintiff testified that the cans were stacked on the top shelf in a "lopsided...

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