MISHAAN v. GREAT ATLANTIC & PACIFIC TEA CO.


294 A.D.2d 545 (2002)

742 N.Y.S.2d 880

DEBORAH C. MISHAAN et al., Respondents, v. GREAT ATLANTIC & PACIFIC TEA CO. et al., Appellants.

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

Decided May 28, 2002.


Ordered that the order is affirmed, with costs.

On July 20, 1993, the plaintiff Deborah Cerami Mishaan was injured while shopping at the defendants' supermarket after she removed a 64-ounce glass bottle of apple juice from a display and the remaining bottles fell on her. According to the injured plaintiff, the display was approximately 10 feet high. According to the defendants' store manager, the bottles were stacked in cardboard cases cut in half to form a tray,...

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