After their kid was injured while riding an escalator, the Espinoza family sought to recover damages from Macy's and Mainco, the company responsible for maintaining the system.
After its dismissal request was denied, Mainco appealed.
Because there was no evidence that the company caused the defect, or that it knew of a problem and failed to fix it, the Appellate Division, First Department, thought Mainco was entitled to relief in its favor. (And since there was no evidence that Macy's was negligent, Mainco couldn't seek relief against the store, either.)
That's the magic of Macy's!
To view a copy of the Appellate Division's decision, please use this link: Espinoza v. Federated Dept. Stores, Inc.