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SALISBURY v. MONTGOMERY WARD STORE #2623

283 A.D.2d 858 (2001)

727 N.Y.S.2d 176

LISA SALISBURY et al., Appellants, v. MONTGOMERY WARD STORE #2623 et al., Respondents, et al., Defendant.

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

Decided May 24, 2001.

Lahtinen, J.

On August 1, 1995 plaintiff Lisa Salisbury (hereinafter plaintiff) had the left rear tire of her vehicle replaced with the spare tire at the Automotive Center of defendant Montgomery Ward Store #2623 (hereinafter the store). On her way home, plaintiff heard a ticking noise from the rear of her vehicle which caused her to stop at a rescue squad garage where a rescue squad member looked at the vehicle and informed her that he

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