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ALFARO v. WAL-MART STORES, INC.

Docket No. 99-7688.

210 F.3d 111 (2000)

Alberto ALFARO, Plaintiff-Appellee, v. WAL-MART STORES, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 16, 2000.

As Amended April 25, 2000.

Attorney(s) appearing for the Case

Steven W. Williams (Theresa N. McCorry, on the brief), Smith, Sovik, Kendrick & Sugnet, P.C., Syracuse, NY, for Defendant-Appellant.

Paul A. Marasco, Culley, Marks, Tanenbaum & Pezzulo, Rochester, NY, for Plaintiff-Appellee.

Before: Cabranes, Straub, and Sotomayor, Circuit Judges.

PER CURIAM.

The question presented in this diversity action is whether, or under what circumstances, a retail store's failure to assist a customer in a timely manner can give rise to a negligence claim under New York law. Defendant Wal-Mart Stores, Inc. ("Wal-Mart") appeals from a judgment, entered following a jury trial, of the United States District Court for the Western District of New York (Charles J. Siragusa, Judge) finding Wal-Mart liable to plaintiff...

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