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ALLEN v. WAL-MART STORES, INC.

881 CA 13-00880.

121 A.D.3d 1513 (2014)

992 N.Y.S.2d 917

2014 NY Slip Op 06696

MARCIA ALLEN, Plaintiff, v. WAL-MART STORES, INC., Defendant. (Action No. 1.) MARCIA ALLEN, Appellant, v. WAL-MART STORES EAST, LP, Respondent. (Action No. 2.)

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

Decided October 3, 2014.

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered July 30, 2012. The order granted the motion of defendant to strike the complaint and dismiss action No. 2 pursuant to CPLR 3126.

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

Same memorandum as in Allen v Wal-Mart Stores, Inc. ([appeal No. 1] 121 A.D.3d 1512

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