BURLARLEY v. WAL-MART STORES, INC.

508266.

75 A.D.3d 955 (2010)

904 N.Y.S.2d 826

MICHAEL BURLARLEY, Appellant, v. WAL-MART STORES, INC., Respondent.

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

Decided July 22, 2010.


Mercure, J.

After an hour of shopping, plaintiff and his wife proceeded to the checkout at defendant's Wal-Mart store in the City of Kingston, Ulster County. The cashier, joking with the pair in an effort to make her work shift "go a little ... faster," pretended to ring up items for vastly more than they were worth and threw various items at plaintiff. Plaintiff, unamused, told her to stop, and the cashier initially complied. When plaintiff turned away, however,...

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