WOODY v. FOOT LOCKER RETAIL, INC.

2009-07898.

79 A.D.3d 740 (2010)

911 N.Y.S.2d 922

KIMBERLY WOODY, Appellant, v. FOOT LOCKER RETAIL, INC., Respondent.

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

Decided December 7, 2010.


Ordered that the judgment is affirmed, with costs.

The plaintiff alleged that she was injured while shopping at the defendant's store when she fell after leaning on a "folding shelf" attached to a display table. The shelf was a wooden pull-out shelf used by store employees to fold merchandise. After trial, a jury found that the defendant was not negligent in the happening of the accident.

We agree that the Supreme Court erred in precluding the plaintiff from...

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