Appellate Division of the Supreme Court of the State of New York, Second Department.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The infant plaintiff was almost three years old when allegedly she was injured as a result of falling off a climbing toy displayed on the floor of the defendant's store. Although the toy was designed to have a slide attachment, it had been removed by the defendant's employees because the toy was for display only. As a result, the infant plaintiff fell...
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