SEEGER v. MARKETPLACE

Motion No. M-4458.

101 A.D.3d 1691 (2012)

956 N.Y.S.2d 770

2012 NY Slip Op 8977

MARGARET A. SEEGER, Appellant, v. THE MARKETPLACE et al., Defendants, and J.C. PENNEY COMPANY, INC., Respondent.

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

December 21, 2012.


It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, the motion of defendant J.C. Penney Company, Inc. is denied and the complaint against it is reinstated.

Memorandum: Plaintiff was shopping at a store operated by J.C. Penney Company, Inc. (defendant) just before its closing on December 24, 2004 when she began to feel faint and ultimately collapsed to the floor. She was placed in a wheelchair and escorted...

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