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KENNER v. MAXX

305 A.D.2d 547 (2003)

759 N.Y.S.2d 390

JOAN KENNER, Respondent, v. T.J. MAXX, Appellant.

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

Decided May 19, 2003.

Ordered that the order dated May 28, 2002, is reversed, on the law, the motion for leave to renew is granted, upon renewal, the order dated March 14, 2002, is vacated, the motion for summary judgment dismissing the complaint is granted, and the complaint is dismissed; and it is further,

Ordered that the appeal from the order dated March 14, 2002, is dismissed as academic in light of our determination upon review of the order dated May 28, 2002; and it is further,...

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