CAPONE v. CHESEBROUGH POND'S, INC.


112 A.D.2d 779 (1985)

Carol J. Capone, Respondent, v. Chesebrough Pond's, Inc., Appellant

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

July 12, 1985


Order unanimously reversed, on the law, without costs, motion granted and complaint dismissed.

Memorandum:

Special Term erred in denying defendant's motion for summary judgment.

Plaintiff was hired as a laborer at defendant's Rochester plant on October 4, 1978. From November 27, 1978 to January 8, 1979 she was absent from work, allegedly because she had pneumonia. During the ensuing six months after her return to work she was absent 27 days, of which...

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