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LEONE v. BJ'S WHOLESALE CLUB, INC.

5901, 7737/06.

89 A.D.3d 406 (2011)

931 N.Y.S.2d 327

2011 NY Slip Op 7673

NINA MARIE LEONE, Plaintiff, v. BJ's WHOLESALE CLUB, INC., Appellant, et al., Defendant, and MILLION INDUSTRIES, INC., Respondent.

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

Decided November 1, 2011.

Plaintiff was injured when she slipped on water leaking from a refrigerated flower display case in a store owned by defendant BJ's. Defendant Killion, the designer and manufacturer of the display case, established prima facie that plaintiff's injury did not arise from a design defect in the display case. The evidence showed that the display case's condensation evaporation pans had twice the capacity prescribed by the applicable industry standard (see Carmona v Mathisson...

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