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RUBIN v. REALITY FASHIONS, LTD.

229 A.D.2d 1026 (1996)

645 N.Y.S.2d 182

Lynne Rubin, Appellant, v. Reality Fashions, Ltd., Respondent

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

July 12, 1996

Order and judgment unanimously reversed on the law with costs, motion denied and complaint reinstated.

Memorandum:

Supreme Court erred in granting defendant's motion for summary judgment dismissing the complaint. The court determined that plaintiff failed to establish both that defendant clothing store had a duty to provide seating in its dressing room and that the lack of seating was a proximate cause of plaintiff...

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