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GALASSO v. WEGMANS FOOD MKTS., INC.

CA 08-00096.

2008 NY Slip Op 06267

LAURIE GALASSO, PLAINTIFF-RESPONDENT, v. WEGMANS FOOD MARKETS, INC., DOING BUSINESS AS WEGMANS FOOD PHARMACY, WEGMANS PROPERTIES, INC., AND WEGMANS ENTERPRISES, INC., DEFENDANTS-APPELLANTS.

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

Decided July 11, 2008.

Attorney(s) appearing for the Case

WALSH, ROBERTS & GRACE, BUFFALO (KEITH N. BOND OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

CELLINO & BARNES, P.C., ROCHESTER (ELIZABETH C. CLARKE OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: SMITH, J.P., CENTRA, FAHEY, PERADOTTO, AND PINE, JJ.

It is hereby ORDERED that the order so appealed from is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she sustained when the construction sign that she was attempting to erect fell on her as the result of a gust of wind. According to plaintiff, defendants' passing tractor-trailer was traveling at a rate of 10 to 15 miles per hour over the speed limit and created the gust of wind. Supreme Court properly denied defendants...

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