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MARUSEVICH v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC.

309 A.D.2d 839 (2003)

766 N.Y.S.2d 78

ANNE MARUSEVICH, Appellant, v. GREAT ATLANTIC & PACIFIC TEA COMPANY, INC., Respondent, et al., Defendant.

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

Decided October 20, 2003.

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

The plaintiff was injured when she was struck by a six-pack of beer which fell from a shelf in a supermarket operated by the defendant Great Atlantic & Pacific Tea Company, Inc. (hereinafter A & P), as she attempted to remove another six-pack from the shelf. She subsequently commenced this action against, among others, A & P, contending that the six-packs of beer were improperly stacked...

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