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COLON v. WAL-MART STORES

182 Misc.2d 921 (1999)

703 N.Y.S.2d 863

ADRIAN COLON et al., Plaintiffs, v. WAL-MART STORES, INC., Defendant.

Supreme Court, Montgomery County.

May 6, 1999.

Attorney(s) appearing for the Case

Charles E. Morrison for plaintiffs.

O'Connor, O'Connor, Mayberger & First, P. C. (Michele M. Monserrate of counsel), for defendant.

OPINION OF THE COURT

JOSEPH M. SISE, J.

The basic facts underlying this lawsuit are essentially undisputed. On September 25, 1996 plaintiff Emilio Suarez purchased a snowblower at the Wal-Mart Store located in the Town of Amsterdam, Montgomery County. Lacking the means to transport the machine, Suarez left it in the store until Saturday, September 28th, when he returned with plaintiff Adrian Colon and his truck. After ascertaining Suarez's identity, defendant...

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