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TRUNCELLITO v. CARROLL'S CORP.

103612/07.

28 Misc.3d 250 (2010)

903 N.Y.S.2d 659

ANNA TRUNCELLITO, Plaintiff, v. CARROLL'S FLORIST CORP., Doing Business as CARROLL'S GARDEN FLORIST, et al., Defendants.

Supreme Court, Richmond County.

Decided April 22, 2010.

Attorney(s) appearing for the Case

Law Offices of James Toomey for defendants.

Simonson & Cohen, LLP, for plaintiff.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

Defendants Carroll's Florist Corp., Josephine Cannizzaro and Charles Cannizzaro move for summary judgment dismissing plaintiff Anna Truncellito's complaint pursuant to CPLR 3212. Defendants' motion is denied.

Plaintiff's cross motion for summary judgment on the issue of defendants' liability pursuant to CPLR 3212 is denied.

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