Ordered that the order is affirmed, with costs.
The plaintiff allegedly fell over an empty merchandise cart in the frozen food aisle of the defendant's supermarket. The cart was the type utilized by the defendant's employees to move merchandise from the storage area to the shelves and was approximately six feet long, five feet high, and one foot wide with orange bars on its sides. The plaintiff testified at his deposition that he saw several such carts in the center...
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