Caldor of Middletown, Inc. v. LaFayette Display Fixtures, Inc.

In an action for indemnification, the plaintiff appeals from a judgment of the Supreme Court, Orange County (Green, J.), entered July 15, 1987, which, upon a jury verdict, is in favor of the defendant and against it.

Ordered that the judgment is affirmed, with costs.

On September 26, 1981, Jaime Ferraro, then age seven, was injured at the premises of the plaintiff Caldor of Middletown, Inc., when a clothing rack, called a rounder, fell on him. The plaintiff had purchased the rounder from the defendant. In December 1981 Ferraro, by his mother, sued the plaintiff for damages for personal…