Rivera-Emerling v. M. Fortunoff of Westbury Corp.

Judgment, Supreme Court, New York County (John Grow, J.), entered May 17, 1999, which, after a jury trial and upon a verdict in favor of defendant on the issue of liability, dismissed *216the complaint, unanimously reversed, on the law, without costs, the complaint reinstated, and the matter remanded solely for a new trial limited to plaintiffs’ strict liability claim.

In this action, plaintiff Jennie Rivera-Emerling was allegedly injured when a folding chair upon which she sat in defendant’s store collapsed. According to the trial testimony, plaintiff was interested in purchasing the chair, which…