FABIAN v. SUNBURY FOOTACTION, INC.


292 A.D.2d 340 (2002)

738 N.Y.S.2d 590

JEANNE FABIAN, Respondent, v. SUNBURY FOOTACTION, INC., Appellant, et al., Defendant.

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

Decided March 4, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

After the appellant established its prima facie entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact. The plaintiff testified at her examination before trial that she entered the appellant's store and walked directly...

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