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WEBBER v. K-MART CORPORATION

266 A.D.2d 534 (1999)

698 N.Y.S.2d 894

CLAIRE A. WEBBER et al., Respondents, v. K-MART CORPORATION, Defendant, and COLSON EQUIPMENT CO., Appellant.

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

Decided November 29, 1999.

Ordered that the appeal by Colson Equipment Co. from the judgment is dismissed, as the judgment was superseded by the amended judgment; and it is further,

Ordered that the amended judgment and order are affirmed insofar as appealed from; and it is further,

Ordered that the plaintiffs are awarded one bill of costs.

The plaintiff Claire A. Webber sustained an injury to her right eye as she was dismounting a wheelchair. Subsequently, she and her husband...

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