TOOTE v. CANADA DRY BOTTLING COMPANY OF NEW YORK, INC.


7 A.D.3d 251 (2004)

776 N.Y.S.2d 42

PHYLLIS TOOTE, Respondent, v. CANADA DRY BOTTLING COMPANY OF NEW YORK, INC., Respondent, and PATHMARK STORES, INC., Appellant, ET AL., Defendant. (And a Third-Party Action.)

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

May 4, 2004.


Plaintiff alleges that she tripped over cases of soda that were stacked on the floor of defendant-appellant's supermarket. It appears that at the time of the accident, the supermarket's shelves, in accordance with usual practice, were being "packed out" with soda by an employee of either defendant-respondent bottling company or defendant soda distributor. The supermarket moved for summary judgment, contending that it did not create the alleged dangerous condition and that...

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