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PANICO v. KEY FOOD STORES COOPERATIVE, INC.

275 A.D.2d 312 (2000)

712 N.Y.S.2d 400

JOHN PANICO, Appellant, v. KEY FOOD STORES COOPERATIVE, INC., Respondent. (And a Third-Party Action.)

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

Decided August 7, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant made a prima facie showing that it was not negligent in the happening of the plaintiff's accident and, in any event, that any action by it was not a proximate cause of the plaintiff's injuries (see, CPLR 3212 [b]; Zuckerman v City of New York, 49 N.Y.2d 557, 562). Even assuming that the plaintiff raised a triable issue of fact as...

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