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CHAN v. BED BATH & BEYOND, INC.

284 A.D.2d 290 (2001)

726 N.Y.S.2d 127

ALLAN CHAN et al., Appellants, v. BED BATH & BEYOND, INC., et al., Defendants, and ALEXANDER'S OF REGO PARK, INC., Respondent.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided June 4, 2001.

Ordered that order is affirmed insofar as appealed from, with costs.

While installing electrical conduit wiring into the ceiling of a mall owned by the defendant Alexander's of Rego Park, Inc. (hereinafter Alexander's), Allan Chan (hereinafter the plaintiff) fell from an unsecured A-frame ladder and sustained an injury. At his examination before trial, the plaintiff testified that the ladder tilted, causing him to fall. However, his supervisor testified that on the...

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