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LEBRON v. SML VETERAN LEATHER, LLC

No. 89 SSM 45

22 N.Y.3d 1119 (2014)

5 N.E.3d 999

982 N.Y.S.2d 836

2014 NY Slip Op 1212

NELSON LEBRON, Appellant, v. SML VETERAN LEATHER, LLC, Respondent.

Court of Appeals of New York.

Decided February 20, 2014.

Attorney(s) appearing for the Case

Pollack, Pollack, Isaac & De Cicco, New York City ( Brian J. Isaac of counsel), and Okun Oddo & Babat, P.C. ( Darren Seilback of counsel), for appellant.

The Law Offices of Edward M. Eustace, White Plains ( Christopher M. Yapchanyk of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ, SMITH, PIGOTT and RIVERA concur; Judge ABDUS-SALAAM taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

Applying New Jersey law and viewing the evidence in a light most favorable to plaintiff (see Laidlow v Hariton Mach. Co., Inc., 170 N.J. 602, 607, 790 A.2d 884, 887 [2002]), defendant SML Veteran Leather, LLC demonstrated its entitlement to summary judgment dismissing the complaint...

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