Oberstein v. Mayfair Super Markets, Inc.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Nassau County (Bucaria, J.), dated August 2, 2001, which granted the defendant’s motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The plaintiff fell when her foot became caught on a vertical section of a shopping cart “railing” located four to five inches above the ground and running the length of the bakery counter in the defendant’s supermarket. The defendant made a prima facie showing of entitlement to judgment as a matter of…