PINERO v. RITE AID OF NEW YORK, INC.


294 A.D.2d 251 (2002)

743 N.Y.S.2d 21

CAJ H. PINERO, Appellant, v. RITE AID OF NEW YORK, INC., Respondent.

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

Decided May 28, 2002.


The facts are fairly straightforward. While shopping in defendant's store, plaintiff wanted to get several boxes of macaroni and cheese, but found the aisle where they were located completely blocked by a metal wagon on wheels filled with merchandise that was being stacked on the shelves by an assistant manager named "Chris." At plaintiff's request, Chris retrieved three boxes of macaroni, which he grasped in one hand, and attempted to pass them to plaintiff across the top...

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