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GRANATA v. CITY OF WHITE PLAINS

2010-08875.

88 A.D.3d 948 (2011)

931 N.Y.S.2d 387

2011 NY Slip Op 7604

THEODORE GRANATA, JR., as Executor of CONCETTA RUSSO CARRIERO, Deceased, et al., Plaintiffs, v. CITY OF WHITE PLAINS, Appellant, and MILLS CORPORATION, Respondent, et al., Defendants.

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

Decided October 25, 2011.

Ordered that the appeal is dismissed, without costs or disbursements.

The plaintiffs commenced this action, inter alia, to recover damages for negligence and wrongful death after their decedent was attacked and killed in the parking garage attached to the White Plains Galleria Mall (hereinafter the Mall). The defendant Mills Corporation (hereinafter Mills), the alleged owner of the Mall, moved, inter alia, for summary judgment dismissing the complaint insofar as asserted...

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