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VLIET v. CROWLEY FOODS, INC.

263 A.D.2d 941 (1999)

693 N.Y.S.2d 338

MICHELE VLIET et al., Respondents, v. CROWLEY FOODS, INC., Defendant and Third-Party Plaintiff-Appellant. DEAN FOWLER OIL COMPANY, INC., Successor in Merger to DAY & NIGHT FOOD STORES, INC., Third-Party Defendant-Respondent.

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

Decided July 29, 1999.

Cardona, P. J.

On May 31, 1993, plaintiff Michele Vliet (hereinafter plaintiff) was working for her employer (hereinafter third-party defendant) as a cashier at a convenience store located in the Town of Lansing, Tompkins County. On that date, a delivery person employed by defendant delivered numerous crates of milk and stacked them in the walk-in cooler. Plaintiff began pricing the milk which necessitated removing the crates from the top of the columns in which they...

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