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KENNEDY v. WEGMANS FOOD MKTS., INC.

90 N.Y.2d 923 (1997)

686 N.E.2d 1353

664 N.Y.S.2d 259

Suzanne Kennedy et al., Respondents, v. Wegmans Food Markets., Inc., Appellant.

Court of Appeals of the State of New York.

Decided September 18, 1997.

Attorney(s) appearing for the Case

Brown & Kelly, L. L. P., Buffalo (Daniel J. Marren of counsel), for appellant.

Hellerer, Cuomo & O'Connor, Amherst (Neil N. Cuomo of counsel), for respondents.

Concur: Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals (22 NYCRR 500.4), order reversed, with costs, defendant's motion to dismiss granted and complaint dismissed, for the reasons stated in the dissenting memorandum at the Appellate Division (239 A.D.2d 898

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