Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion is denied.
The plaintiff Robert Brown allegedly was injured when a safety beam from a shelving unit became detached and struck him while he was attempting to remove a ladder from a shelf at a Home Depot store in Valley Stream. He and his wife subsequently commenced this action against Home Depot, U.S.A., Inc., the owner of the store. A current employee who had been...
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