CAPOLONGO v. GIANT CARPET


292 A.D.2d 331 (2002)

738 N.Y.S.2d 680

PAULINE CAPOLONGO et al., Appellants, v. GIANT CARPET, Respondent.

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

Decided March 4, 2002.


Ordered that the order is affirmed insofar as appealed from, with costs.

While shopping at the defendant's carpet store, the plaintiff Pauline Capolongo was injured when a 12-foot by 15-foot carpet and the metal beam from which it was hanging fell down upon her. The plaintiffs sought summary judgment on the issue of liability based upon the doctrine of res ipsa loquitur.

Summary judgment was properly denied. Without deciding whether the doctrine of res ipsa...

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