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STERN v. WHOLESALE

63 A.D.3d 1139 (2009)

882 N.Y.S.2d 266

RHODA STERN, Appellant, v. COSTCO WHOLESALE, Respondent.

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

Decided June 30, 2009.

Ordered that the order is affirmed, with costs.

The plaintiff allegedly was injured when she tripped and fell over a flatbed shopping cart in one of the aisles of the defendant's store. The cart was painted bright orange, was approximately four feet long and two to three feet wide, had a six-inch-high bed with a handle at one end, and was available for use by both customers and employees. On its motion for summary judgment...

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