SEWER v. FAT ALBERT'S WAREHOUSE, INC.


235 A.D.2d 414 (1997)

652 N.Y.S.2d 102

Mary Sewer, Respondent, v. Fat Albert's Warehouse, Inc., Appellant

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

January 13, 1997


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The plaintiff was injured when, while making her way through a narrow pathway formed by crowded racks of winter jackets at the defendant's store, she stepped on a wire shopping basket which was beneath the racks. The plaintiff, however, offered no evidence that the defendant placed the wire basket there or that it had actual or constructive notice of...

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