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MONTGOMERY v. BURLINGTON COAT FACTORY OF TEX., INC.

396 CA 22-00366.

217 A.D.3d 1410 (2023)

189 N.Y.S.3d 356

2023 NY Slip Op 03127

Alice Montgomery, Appellant, v. Burlington Coat Factory of Texas, Inc., et al., Respondents.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

VINAL & VINAL, P.C., BUFFALO (JEANNE M. VINAL of counsel), FOR PLAINTIFF-APPELLANT.

SUGARMAN LAW FIRM, LLP, SYRACUSE (JENNA W. KLUCSIK of counsel), FOR DEFENDANT-RESPONDENT BURLINGTON COAT FACTORY OF TEXAS, INC.

LAW OFFICES OF SANTACROSE, FRARY, TOMKO, DIAZ-ORDAZ & WHITING, BUFFALO (RICHARD S. POVEROMO of counsel), FOR DEFENDANT-RESPONDENT EXCEL BUILDING SERVICES CORPORATION, ALSO KNOWN AS EXCEL BUILDING SERVICES, LLC.

LIPPMAN O'CONNOR, BUFFALO (ROBERT H. FLYNN of counsel), FOR DEFENDANT-RESPONDENT T2H SYRACUSE, INC., DOING BUSINESS AS HELPING HANDS.

Present—Whalen, P.J., Lindley, Montour, Ogden and Greenwood, JJ.

Appeal from an order of the Supreme Court, Monroe County (Debra A. Martin, A.J.), entered February 15, 2022. The order granted the motions of defendants for summary judgment dismissing the second amended complaint against them.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff appeals from an order insofar as it granted defendants' motions seeking summary judgment dismissing the second amended...

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