ROSADO v. DEPOT


4 A.D.3d 204 (2004)

772 N.Y.S.2d 268

LEDYA ROSADO, Appellant, v. HOME DEPOT, Respondent.

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

February 19, 2004.


According to plaintiff, she was injured while shopping in defendant's store when a laminated wood plank stacked unevenly in a pile of such planks offered for sale on shelving abutting an aisle in the store fell upon her. Inasmuch, however, as there is no direct evidence that defendant's employees themselves created the alleged hazard by precariously stacking the offending plank and no sufficient circumstantial basis to infer that defendant was responsible for the hazard's...

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