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EVANS-SMITH v. WILMORITE, INC.

60 A.D.3d 1484 (2009)

876 N.Y.S.2d 599

JO-ANN EVANS-SMITH et al., Respondents, v. WILMORITE, INC., et al., Respondents, and KAUFMANN'S CAROUSEL, INC., et al., Appellants, et al., Defendant.

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

Decided March 27, 2009.

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

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Jo-Ann Evans-Smith (plaintiff) when she slipped and fell on an icy sidewalk outside an entrance to Kaufmann's Department Store at Eastview Mall. Supreme Court erred in denying the motion of defendant May Department...

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