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MONGARDI v. BJ'S WHOLESALE CLUB, INC.

45 A.D.3d 1149 (2007)

846 N.Y.S.2d 441

RICHARD MONGARDI, Appellant, v. BJ's WHOLESALE CLUB, INC., Respondent, et al., Defendant.

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

Decided November 21, 2007.

Carpinello, J.

On November 25, 2000, plaintiff allegedly fell and injured himself inside a store known as BJ's Wholesale Club in the Town of Wilton, Saratoga County. On November 10, 2003, he filed a summons and complaint naming BJ's Warehouse Club, Inc. as a defendant and alleging that this entity owned and operated the store in which he fell. On March 1, 2004, he filed an amended complaint omitting BJ's Warehouse as a defendant, naming defendant BJ's Wholesale Club...

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