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AUPPERLEE v. RESTAURANT DEPOT, LLC

2016-13369. Index No. 3329/13.

177 A.D.3d 940 (2019)

114 N.Y.S.3d 387

2019 NY Slip Op 08548

Nicole R. Aupperlee, Respondent, v. Restaurant Depot, LLC, Appellant, and Michael Grady et al., Respondents.

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

Decided November 27, 2019.

Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, the motion of the defendant Restaurant Depot, LLC, for summary judgment dismissing the complaint insofar as asserted against it is granted, the complaint is dismissed insofar as asserted against that defendant, and the order entered March 29, 2016, is modified accordingly.

On December 19, 2012, Patricia Novak was a customer at Restaurant...

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