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BOOKER v. K-MART CORP.

9 Misc.3d 992 (2004)

805 N.Y.S.2d 226

BETTY BOOKER, Plaintiff, v. K-MART CORPORATION et al., Defendants. BENDERSON DEVELOPMENT COMPANY, INC., Third-Party Plaintiff, v. EMERGENCY ELECTRIC, Third-Party Defendant.

City Court of Buffalo.

November 8, 2004.

Attorney(s) appearing for the Case

Sean Dennis Hill, Buffalo, for plaintiff.

Kenney, Shelton, Liptak & Nowak, LLP, Buffalo (Nelson E. Schule of counsel), for K-Mart Corporation and another.

John Quackenbush, Buffalo (John Wallace of counsel), for Emergency Electric.

OPINION OF THE COURT

PHILIP M. MARSHALL, J.

Background

This is a personal injury action that resulted from a slip and fall that is alleged to have occurred in the parking lot of a store that was being operated by defendant, K-Mart, and owned by defendant and third-party plaintiff, Benderson Development. The third-party defendant, Emergency Electric, is alleged to have contracted with defendant and third-party plaintiff, Benderson Development, to...

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