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McDONALD v. RIVERBAY CORPORATION

308 A.D.2d 345 (2003)

764 N.Y.S.2d 185

HELEN McDONALD et al., Respondents, v. RIVERBAY CORPORATION et al., Appellants.

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

Decided September 11, 2003.

This is an action for personal injuries which plaintiff Helen McDonald claims she sustained when a Christmas decoration became dislodged from the ceiling and fell on her head1 as she was exiting from defendant Bartow Stationery Store (hereinafter Bartow). Defendant Riverbay Corporation is the owner of the premises where Bartow is located.2

Riverbay moved for summary judgment on the ground that, as an out-of...

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