Dailey v. Mazel Stores, Inc.

Order, Supreme Court, New York County (Marylin Diamond, J.), entered January 8, 2003, denying defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs or disbursements, and the motion granted. The Clerk is directed to enter judgment in favor of defendants dismissing the complaint.

On November 26, 1997, plaintiff, a customer in an Odd Job store located at 390 Fifth Avenue in Manhattan, was injured when a box fell on her. Over three years later, on or about May 3, 2001, she commenced an action against defendants Mazel Stores, Inc. and Odd…