TASH v. FEDERATED DEPT. STORES, INC.

10093, 25151/98.

106 A.D.3d 537 (2013)

965 N.Y.S.2d 461

2013 NY Slip Op 3568

DAVID TASH, Appellant, v. FEDERATED DEPARTMENT STORES, INC., Doing Business as MACY'S DEPARTMENT STORE, Respondent.

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

Decided May 16, 2013.


In 1996, plaintiff, then five years old, was injured when, sitting on an escalator, his leg got caught between the bottom of the step and the combplate. The escalator stopped when a customer pushed the stop button.

We find that the verdict was not against the weight of the evidence, and was based on a fair interpretation of the evidence. Based on the evidence, including testimony by defendant's expert, the jury could fairly infer that, although plaintiff had alleged...

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