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ALTRO v. WALMART STORES, INC.

282 A.D.2d 487 (2001)

723 N.Y.S.2d 213

KATHLEEN P. ALTRO, Respondent, et al., Plaintiff, v. WALMART STORES, INC., Appellant.

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

Decided April 9, 2001.

Ordered that the appeal from the order is dismissed; and it is further,

Ordered that the judgment is reversed, on the law, the motion, in effect, pursuant to CPLR 4401 made at the close of the respondent's evidence for judgment in the appellant's favor as a matter of law is granted, the order dated December 14, 1999, is vacated, and the complaint insofar as asserted by the respondent is dismissed; and it is further,

Ordered that the appellant is awarded one...

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