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COLESANTI v. FIRESTONE TIRE & RUBBER CO.

150 F.Supp. 880 (1957)

David A. COLESANTI, Plaintiff, v. FIRESTONE TIRE & RUBBER CO., Defendant.

United States District Court S. D. New York.

April 18, 1957.

Attorney(s) appearing for the Case

William G. Warner, New York City, by Harry Zeitlan, New York City, of counsel, for plaintiff.

Baer, Marks, Friedman, Berliner & Klein, by William E. Friedman, New York City, for defendant.

EDELSTEIN, District Judge.

1. At all times hereinafter mentioned, defendant leased and operated a store at 2996 Third Avenue, Borough of the Bronx, City and State of New York.

2. On August 28, 1954 at about 1:30 P.M. plaintiff was shopping at defendant's store when a section of a shelf approximately 6 feet to 7 feet above the floor tilted causing from 12 to 30 small cardboard boxes to fall.

3. Plaintiff was hit by several of these boxes, each of which...

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