Ordered that the order is reversed, on the law, with costs, and the plaintiffs' motion for summary judgment on the issue of liability is denied.
The complaint alleged that the plaintiff Linda J. Hoeberlein (hereinafter the injured plaintiff) was injured at a retail store owned and operated by the defendants. At her deposition, the injured plaintiff testified that she was struck by a box that fell from an overhead shelf. The injured plaintiff stated that the box fell...
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