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BOYKO v. SAM'S CLUB-MEMBERS ONLY

No. 95-CV-6175L.

975 F.Supp. 488 (1997)

Ella BOYKO, Plaintiff, v. SAM'S CLUB-MEMBERS ONLY and Wal-Mart Stores, Inc., Defendants.

United States District Court, W.D. New York.

September 5, 1997.

Attorney(s) appearing for the Case

Paul J. Vacca, Jr., Rochester, NY, for plaintiff.

Michael J. Kanaley, Jr., Kenney, Kanaley, Shelton & Liptal, L.L.P., Buffalo, NY, for defendants.

DECISION AND ORDER

LARIMER, Chief Judge.

Plaintiff, Ella Boyko ("plaintiff"), originally commenced this negligence action against defendants, Sam's Club-Members Only and Wal-Mart Stores, Inc. ("defendants"), in New York State Supreme Court. Defendants removed the action to this Court, pursuant to 28 U.S.C. § 1441(a) and § 1332. Pending before the Court is defendants' motion for summary judgment.

BACKGROUND

In her complaint...

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