McLACHLAN v. R & S, INC.


52 A.D.3d 662 (2008)

861 N.Y.S.2d 108

MIRIAM McLACHLAN et al., Respondents, v. R & S, INC., Doing Business as FIVE CORNERS SUPER DELI, Appellant.

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

Decided June 17, 2008.


Ordered that the judgment is affirmed, with costs.

The plaintiff Miriam McLachlan brought this action on behalf of her son, Jacob, a 10-year-old boy at the time of the incident, who injured his thumb when he tripped over a small cardboard box on the floor of the defendant's store. At the close of evidence, the defendant moved pursuant to CPLR 4401 for judgment as a matter of law. Judgment as a matter of law in favor of a landowner is appropriate where the complained...

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