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KOHLASCH v. STAPLES, THE OFFICE SUPERSTORE EAST, INC.

59 A.D.3d 303 (2009)

873 N.Y.S.2d 605

NANCY KOHLASCH, Appellant, v. STAPLES, THE OFFICE SUPERSTORE EAST, INC., Respondent.

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

Decided February 24, 2009.

Plaintiff alleges she was injured when suddenly struck by five falling rolls of bubble wrap as she pushed a shopping cart in defendant's store. Her prediscovery motion was based solely on her own self-serving observations, without any statement as to the presence of witnesses or what might have caused the rolls to fall, and was thus insufficiently supported (see e.g. Uddin v City of New York, 52 A.D.3d 422...

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