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SALINAS v. WORLD HOUSEWARE PRODUCING CO., LTD.

No. 98 SSM 20.

34 N.Y.3d 925 (2019)

132 N.E.3d 1093

109 N.Y.S.3d 213

2019 NY Slip Op 06537

LA NONA JEAN SALINAS, Appellant, v. WORLD HOUSEWARE PRODUCING CO., LTD., et al., Respondents.

Court of Appeals of New York.

Decided September 12, 2019.

Attorney(s) appearing for the Case

Bandas Law Firm, P.C., Corpus Christi, Texas ( Robert Clore , of the Texas bar, admitted pro hac vice, of counsel), and Sanders, Sanders, Block, Woycik, Viener & Grossman, P.C., Mineola ( Michael Villeck of counsel), for appellant.

Lynch Rowin LLP, White Plains ( Thomas P. Lynch of counsel), for World Houseware Producing Co., Ltd., respondent.

Russo & Toner, LLP, New York City ( Theresa C. Villani of counsel), for Josie Accessories, Inc., respondent.

Marshall Dennehey Warner Coleman & Goggin, New York City ( Adam C. Calvert of counsel), for Dolgencorp of Texas, Inc., respondent.

Judges RIVERA, STEIN, FAHEY and WILSON concur; Chief Judge DiFIORE and Judges GARCIA and FEINMAN dissent and vote to affirm for reasons stated in the Appellate Division memorandum decision ( [1st Dept 2018]).

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the case remitted to Supreme Court for further proceedings in accordance with this memorandum.

The courts below erred in granting defendants' motions for summary judgment on the basis that plaintiff failed to raise a triable issue of fact sufficient to defeat the motions. Although the plaintiff's deposition testimony partially contradicted the...

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