Legon v. Petaks

Andrias, J.P., and Sweeny, J.

dissent in a memorandum by Sweeny, J., as follows: Plaintiff alleges she sustained injuries when she tripped over a rack that held wire shopping baskets. According to plaintiff’s deposition, she entered defendant gourmet grocery store and was looking at a glass display case of prepared food. Wire shopping baskets were stacked on a metal stand positioned immediately adjacent to the end of the food display case. The bottom basket in the stand was approximately two inches above the floor.

As she was attempting to look at some food items in the display case, the stack…