RIVERA-EMERLING v. M. FORTUNOFF OF WESTBURY CORP.


281 A.D.2d 215 (2001)

721 N.Y.S.2d 653

JENNIE RIVERA-EMERLING et al., Appellants, v. M. FORTUNOFF OF WESTBURY CORP., Respondent.

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

Decided March 13, 2001.


In this action, plaintiff Jennie Rivera-Emerling was allegedly injured when a folding chair upon which she sat in defendant's store collapsed. According to the trial testimony, plaintiff was interested in purchasing the chair, which was on display for sale, and was invited to sit on it by one of defendant's salesmen. During the course of trial, plaintiffs sought to offer expert testimony to establish that the chair was defectively designed. This, it was asserted, would support...

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