SANCHEZ v. HOME DEPOT U.S.A., INC.


300 A.D.2d 564 (2002)

752 N.Y.S.2d 540

DARLENE SANCHEZ et al., Appellants, v. HOME DEPOT U.S.A., INC., Doing Business as THE HOME DEPOT, Respondent, et al., Defendant.

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

Decided December 23, 2002.


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

The Supreme Court properly granted the motion of the defendant Home Depot U.S.A., Inc., doing business as The Home Depot (hereinafter Home Depot) for summary judgment dismissing the complaint insofar as asserted against it, and denied the plaintiffs' cross motion for summary judgment on the issue of liability. Home Depot sustained its prima facie burden of demonstrating that it neither created...

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