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BATTAGLIA v. MDC CONCOURSE CENTER, LLC

No. 38 SSM 29.

34 N.Y.3d 1164 (2020)

144 N.E.3d 367

121 N.Y.S.3d 757

2020 NY Slip Op 01115

KAREN L. BATTAGLIA, Appellant, v. MDC CONCOURSE CENTER, LLC, et al., Respondents.

Court of Appeals of New York.

Decided February 18, 2020.

Attorney(s) appearing for the Case

Lipsitz Green Scime Cambria LLP, Buffalo ( John A. Collins of counsel), for appellant.

Manson & McCarthy, Buffalo ( Kelly J. Philips of counsel), for MDC Concourse Center, LLC, and others, respondents.

Chelus Herdzik Speyer & Monte PC, Buffalo ( Kevin E. Loftus and Eric W. Marriott of counsel), for R.D. Trucking & Transportation, Inc., respondent.

OPINION OF THE COURT

MEMORANDUM.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs. In this context, defendants MDC Concourse Center, LLC; McGuire Development Company, LLC; McGuire Management Company, LLC; and R.D. Trucking & Transportation, Inc. established prima facie their entitlement to judgment as a matter of law by ...

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