LETTIERI v. CUSHING

2009-11559.

80 A.D.3d 574 (2011)

914 N.Y.S.2d 312

BRITTANY LETTIERI, Respondent, v. GLORIA CUSHING, Defendant, and WAL-MART STORES, INC., Doing Business as SAM'S CLUB, et al., Appellants.

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

Decided January 11, 2011.


Ordered that the order is modified, on the law, by adding to the provision denying that branch of the defendants' motion which was, in effect, pursuant to CPLR 3211 (a) (8) to dismiss the complaint insofar as asserted against the defendant Jumpking, Inc., a further provision that the denial is without prejudice to renewal upon the completion of discovery on the issue of whether personal jurisdiction may be established over that defendant; as so modified, the order is affirmed...

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