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JABBOUR v. FINNEGAN'S MOVING & WAREHOUSE CORPORATION

299 A.D.2d 192 (2002)

749 N.Y.S.2d 531

HALIM JABBOUR et al., Respondents, v. FINNEGAN'S MOVING & WAREHOUSE CORPORATION, Appellant.

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

Decided November 12, 2002.

The circumstantial evidence was sufficient to permit a jury to infer that defendant's employee cut the legs of a railing in order to facilitate the moving of furniture, and failed to replace the railing properly, thereby causing plaintiff to fall and injure himself (see Schneider v Kings Highway Hosp. Ctr., 67 N.Y.2d 743, 744-745; Negri v Stop & Shop, 65 N.Y.2d 625). Accordingly, there...

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