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LANGER v. BJ'S WHOLESALE CLUB, INC.

39 A.D.3d 714 (2007)

834 N.Y.S.2d 286

HOWARD LANGER et al., Respondents, v. BJ's WHOLESALE CLUB, INC., Appellant.

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

Decided April 17, 2007.

Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is granted.

As the plaintiff Howard Langer was attempting to remove the uppermost plastic bucket from a stack on top of a wooden pallet at the defendant's store, the three remaining buckets in the stack allegedly fell over and knocked him to the floor. The plaintiffs alleged that the buckets fell because...

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