SLATTERY v. TOPS MARKETS, LLC

NO. 122, 15-01336

147 A.D.3d 1504 (2017)

47 N.Y.S.3d 189

2017 NY Slip Op 01078

JOSEPH W. SLATTERY, as Executor of JOAN M. SLATTERY, Deceased, Respondent, v. TOPS MARKETS, LLC, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided February 10, 2017.


Appeal from an order of the Supreme Court, Erie County (John L. Michalski, A.J.), entered July 1, 2015 in a personal injury action. The order denied defendant's motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: In this action, plaintiff seeks damages for injuries sustained by Joan M. Slattery...

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