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GARCIA v. MARSHALLS MA, INC.

302 A.D.2d 426 (2003)

754 N.Y.S.2d 887

MARITZA GARCIA et al., Appellants, v. MARSHALLS MA, INC., Doing Business as MARSHALLS OF FREEPORT, INC., et al., Respondents.

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

Decided February 10, 2003.

Ordered that the order is affirmed, with costs.

The plaintiff Maritza Garcia was injured while reaching for a glass vase which was located on the top shelf of a six-foot-tall open metal display case in a department store operated by the defendant Marshalls MA, Inc., doing business as Marshalls of Freeport, Inc. (hereinafter Marshalls). As the injured plaintiff reached for the glass vase, the vase broke, and a large piece of the vase struck her in the face, causing...

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