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NYEMITEI v. SEARS, ROEBUCK

151 Misc.2d 12 (1991)

Florence A. Nyemitei, Plaintiff, v. Sears, Roebuck & Co., Inc., et al., Defendants.

City Court of New Rochelle.

May 24, 1991

Attorney(s) appearing for the Case

Robert E. Baum, P. C., for Sears, Roebuck & Co., defendant. J. Russell Clune, P. C., for Atlantic Main Corp., defendant. Merle E. Davis for plaintiff.

KENNETH W. RUDOLPH, J.

Defendant, Sears, Roebuck & Co., Inc., moves to dismiss plaintiff's complaint as a matter of law upon the grounds that there are no triable issues of fact. (CPLR 3212.) Plaintiff cross-moves for summary judgment against the defendant, Sears, Roebuck & Co., Inc., upon the theory of per se liability.

In the case at bar plaintiff, Florence A. Nyemitei, maintains this action...

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