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VAIL v. KMART CORPORATION

25 A.D.3d 549 (2006)

807 N.Y.S.2d 399

SHARI VAIL et al., Appellants, v. KMART CORPORATION et al., Respondents.

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

January 10, 2006.

Ordered that the judgment is modified, on the law, by deleting the provision thereof which is in favor of the defendants and against the plaintiffs dismissing the third cause of action; as so modified, the judgment is affirmed, the third cause of action is reinstated, and the matter is remitted to the Supreme Court, Dutchess County, for a new trial on the third cause of action in accordance herewith, with costs to abide the event.

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