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GROTH v. BJ'S WHOLESALE CLUB, INC.

59 A.D.3d 1086 (2009)

872 N.Y.S.2d 828

RICHARD N. GROTH et al., Respondents, v. BJ's WHOLESALE CLUB, INC., Appellant, and PAUL V. MASSEY, Individually and Doing Business as GRASSHOPPER LANDSCAPING, Respondent.

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

Decided February 6, 2009.

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

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Richard N. Groth (plaintiff) when he slipped and fell in a parking lot owned by defendant BJ's Wholesale Club, Inc. (BJ's). Supreme Court properly denied that part of the motion of BJ's for summary judgment dismissing the complaint against it. BJ's failed to meet its "initial burden of establishing...

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