HAGIN v. SEARS, ROEBUCK AND COMPANY


61 A.D.3d 1264 (2009)

876 N.Y.S.2d 777

G. THOMAS HAGIN, Respondent, v. SEARS, ROEBUCK AND COMPANY, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided April 23, 2009.


Malone Jr., J.

Plaintiff commenced this negligence action seeking recovery for injuries sustained when he fell while shopping in defendant's store located in the Village of Lansing, Tompkins County. According to plaintiff's deposition testimony, as he was walking through the store glancing at a sale flyer, he turned a corner and entered an aisle and suddenly tripped over what he described as a "tool box or tool case" — which he did not see — causing...

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