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CATALDO v. WALDBAUM, INC.

244 A.D.2d 446 (1997)

664 N.Y.S.2d 126

Joseph Cataldo et al., Respondents, v. Waldbaum, Inc., Appellant

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

November 17, 1997

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

The plaintiff Joseph Cataldo was injured when he was caused to fall after the front wheels of a shopping cart he was pushing fell off. Thereafter, he commenced this suit to recover for those injuries. After issue was joined and depositions were held, the defendant moved for summary judgment dismissing the action...

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