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BROWN v. WAL-MART STORES, INC.

35 CA 22-00144.

216 A.D.3d 1390 (2023)

186 N.Y.S.3d 872

2023 NY Slip Op 02402

Corey Brown et al., Plaintiffs, v. Wal-Mart Stores, Inc., Individually and Doing Business as Wal-Mart, et al., Defendants. Wal-Mart Stores, Inc., Individually and Doing Business as Wal-Mart, Third-Party Plaintiff-Appellant, v. Town of Amherst, Third-Party Defendant-Respondent. (Appeal No. 1.).

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

Decided May 5, 2023.

Attorney(s) appearing for the Case

HARTER SECREST & EMERY LLP, ROCHESTER ( JEFFREY A. WADSWORTH OF COUNSEL), AND BROWN HUTCHINSON LLP, FOR THIRD-PARTY PLAINTIFF-APPELLANT.

MICHAEL J. WILLETT , BUFFALO, FOR THIRD-PARTY DEFENDANT-RESPONDENT.

Present— Smith, J.P., Lindley, Curran, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered December 27, 2021. The order granted the motion of third-party defendant for summary judgment dismissing the third-party complaint.

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

Same memorandum as in Brown v Wal-Mart Stores, Inc. ([appeal No. 2] 216 A.D.3d 1390 [4th Dept,...

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