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SCOTT MILLER v. STAPLES THE OFFICE SUPERSTORE EAST, INC.

52 A.D.3d 309 (2008)

860 N.Y.S.2d 51

LAUREN SCOTT MILLER, Appellant, v. STAPLES THE OFFICE SUPERSTORE EAST, INC., Doing Business as STAPLES, et al., Respondents. (And a Third-Party Action.)

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

Decided June 12, 2008.

Plaintiff was injured when a bungee cord attached to a luggage cart snapped, recoiled and struck her in the eye. She commenced this action against Staples the Office Superstore East, Inc. (Staples), which sold the cart to plaintiff, and TJC Inc. (TJC), the domestic distributor of the cart. During discovery it became apparent that the cart was manufactured in China by a company called Fortune Touch or its affiliate, Formost Plastic and Metal Works (Formost). However, defendants...

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