THOMAS v. PRICE-MART INC.


267 A.D.2d 374 (1999)

699 N.Y.S.2d 729

JOSEPHINE THOMAS et al., Respondents, v. PRICE-MART INC., Appellant, et al., Defendant.

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

Decided December 20, 1999.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed insofar as asserted against the appellant.

The injured plaintiff fell when her foot became caught on the bottom of a clothes bin located at the top of two steps in the appellant's department store. The plaintiff had seen the bin when she entered the store and as she was walking up the steps. The record establishes that the bin...

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