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MS PARTNERSHIP v. WAL-MART STORES, INC.

294 A.D.2d 853 (2002)

741 N.Y.S.2d 793

MS PARTNERSHIP, Respondent-Appellant, v. WAL-MART STORES, INC., et al., Defendants, and EDGEWATER CONSTRUCTION COMPANY, INC., et al., Respondents, and BERNIER, CARR & ASSOCIATES, P.C., Appellant-Respondent.

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

Decided May 3, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting that part of the motion of defendant Bernier, Carr & Associates, P.C. seeking summary judgment dismissing the negligence cause of action against it and dismissing that cause of action against it and as modified the order is affirmed without costs.

Memorandum:

Supreme Court erred in denying that part of the motion of defendant Bernier...

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