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RANDOLPH v. RITE AID OF N.Y., INC.

13334, 17379/07.

121 A.D.3d 599 (2014)

994 N.Y.S.2d 345

2014 NY Slip Op 07307

REGINALD RANDOLPH, Appellant, v. RITE AID OF NEW YORK, INC., Respondent, et al., Defendant.

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

Decided October 28, 2014.

Order, Supreme Court, Bronx County (Sharon A.M. Aarons, J.), entered on or about January 8, 2013, which granted defendant Rite Aid of New York, Inc.'s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this action seeking recovery for personal injuries, plaintiff alleges that on October 13, 2004, after being caught shoplifting at one of defendant's stores in Manhattan, he was assaulted by a security guard. Plaintiff's first...

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