ESPINOZA v. FEDERATED DEPARTMENT STORES INC.

2831, 107747/07

73 A.D.3d 599 (2010)

904 N.Y.S.2d 3

SANDRA ESPINOZA, as Mother and Natural Guardian of CALY ESPINOZA, an Infant, et al., Respondents, v. FEDERATED DEPARTMENT STORES, INC., et al., Respondents, and MAINCO SERVICES COMPANY et al., Appellants.

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

Decided May 20, 2010.


The infant plaintiff was injured when he tripped at the top of an escalator in a Macy's store and his arm got caught between the handrail and the handrail return guard. The Mainco defendants established prima facie that, even assuming a missing or defective handrail return guard, they were not negligent, because they did not create the condition, they had received no previous complaints about such a condition, and the records of...

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