Monge v. Home Depot, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtKane, J.
Appeal from an order of the Supreme Court (Connor, J.), entered August 5, 2002 in Ulster County, which denied defendant’s motion for summary judgment dismissing the complaint.
Plaintiff Mary Monge (hereinafter plaintiff) was shopping in the outside garden center of defendant’s store. As she maneuvered one of defendant’s shopping carts past a plant display, one of the cart’s wheels went off the sidewalk curb, tipping the cart over and pulling plaintiff down with it. Plaintiff and her husband, derivatively, commenced this action to recover for her resultant injuries. Supreme Court denied…
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