REJAEE v. COSTCO PRICE CLUB

1617, 101717/09.

140 A.D.3d 641 (2016)

33 N.Y.S.3d 710

2016 NY Slip Op 05101

MASOUD REJAEE, Respondent, v. COSTCO PRICE CLUB, Appellant.

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

Decided June 28, 2016.


Plaintiff alleges that after shopping at Costco for at least 20 minutes, one of the wheels of his shopping cart fell off. According to plaintiff, he was injured when he tried to keep the cart from falling over.

Costco established its entitlement to judgment as a matter of law by submitting, inter alia, plaintiff's testimony that he noticed nothing wrong with the cart when he began using it, until one of its wheels began to wobble 10 minutes later. Accordingly, Costco...

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