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OBERSTEIN v. MAYFAIR SUPER MARKETS, INC.

298 A.D.2d 446 (2002)

748 N.Y.S.2d 271

ADELE OBERSTEIN, Appellant, v. MAYFAIR SUPER MARKETS, INC., Doing Business as EDWARDS SUPER FOOD STORES, Respondent.

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

Decided October 15, 2002.

Ordered that the order is affirmed, with costs.

The plaintiff fell when her foot became caught on a vertical section of a shopping cart "railing" located four to five inches above the ground and running the length of the bakery counter in the defendant's supermarket. The defendant made a prima facie showing of entitlement to judgment as a matter of law by establishing that the shopping cart railing was not an inherently dangerous condition. The defendant therefore...

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