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STROPPEL V WAL-MART STORES, INC.

2007-02550, 2007-06096.

2008 NY Slip Op 06445

BRENDA STROPPEL, ET AL., appellants, v. WAL-MART STORES, INC., respondent.

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

Decided July 29, 2008.

Attorney(s) appearing for the Case

Russell Law Office (Patrick S. Owen, PLLC, Goshen, N.Y., of counsel), for appellants.

O'Connor, O'Connor, Bresee & First, P.C., Albany, N.Y. (Eugene N. Sarfoh of counsel), for respondent.

Before: STEVEN W. FISHER, J.P., EDWARD D. CARNI, WILLIAM E. McCARTHY, ARIEL E. BELEN, JJ.

DECISION & ORDER

ORDERED that the appeal from the order dated January 2, 2007, is dismissed, as that order was superseded by the order dated April 17, 2007, made upon reargument; and it is further,

ORDERED that the order dated April 17, 2007, is modified, on the law, by deleting the provision thereof which, upon reargument, adhered to so much of the original determination as granted the defendant's motion for summary judgment dismissing the complaint...

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