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JONES v. GREAT AM. GROCERY STORE

234 A.D.2d 940 (1996)

651 N.Y.S.2d 773

Cyndie Jones, Appellant, v. Great American Grocery Store, Respondent. (Appeal No. 2.)

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

December 30, 1996

Judgment unanimously affirmed without costs.

Memorandum:

Plaintiff commenced this action seeking damages for injuries she sustained when another customer punched her in the face after a verbal altercation in the check-out line at defendant's store. Supreme Court properly granted defendant's motion to dismiss brought pursuant to CPLR 4401 (cf., Lacy v Guthrie Clinic, 184 A.D.2d 1057). Although defendant had...

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