CUMMINGS v. CENTRAL TRACTOR FARM & COUNTRY, INC.


281 A.D.2d 792 (2001)

722 N.Y.S.2d 285

BRUCE A. CUMMINGS, Respondent, v. CENTRAL TRACTOR FARM & COUNTRY, INC., Appellant, and EURO UNITED CORPORATION, Respondent.

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

Decided March 15, 2001.


Mercure, J. P.

In April 1997, plaintiff purchased a pair of boots at a retail store owned and operated by defendant Central Tractor Farm & Country, Inc. (hereinafter defendant). Because plaintiff wanted to wear the boots out of the store, he asked the sales clerk where he might sit down to put them on. He was directed to sit in a green multipositional lawn chair that was on display in the front of the store. Plaintiff did so and while he was in the process of...

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