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PIZZIMENTI v. HENN

16 A.D.3d 1070 (2005)

791 N.Y.S.2d 240

MARIE PIZZIMENTI et al., Appellants, v. CATHIE HENN et al., Defendants, and TOPS MARKETS, INC., Doing Business as WILSON FARMS, et al., Respondents.

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

March 18, 2005.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Marie Pizzimenti (plaintiff) was injured when she was struck by a vehicle driven by defendant Cathie Henn and owned by defendant David Henn as plaintiff exited a Wilson Farms convenience store on Pine Avenue in Niagara Falls. Plaintiff's mother, Catherine A. Ricotta, was struck and killed by the same vehicle. Cathie Henn ultimately...

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