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BROWN v. WAL-MART STORES, INC.

40 CA 22-00145.

216 A.D.3d 1390 (2023)

188 N.Y.S.3d 832

2023 NY Slip Op 02403

Corey Brown et al., Respondents, v. Wal-Mart Stores, Inc., Individually and Doing Business as Wal-Mart, Appellant/Third-Party Plaintiff-Appellant, et al., Defendant. Town of Amherst, Third-Party Defendant-Respondent. (Appeal No. 2.).

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 DEFENDANT-THIRD-PARTY PLAINTIFF-APPELLANT.

COLLINS & COLLINS, BUFFALO ( SAMUEL J. CAPIZZI OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

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 January 24, 2022. The order denied the motion of defendant/third-party plaintiff Wal-Mart Stores, Inc., individually and doing business as Wal-Mart for summary judgment dismissing the amended complaint against it and dismissing the counterclaim of the third-party defendant.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion...

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