Allen v Wal-Mart Stores, Inc.

Allen v Wal-Mart Stores, Inc. 2014 NY Slip Op 06696 Decided on October 3, 2014 Appellate Division, Fourth Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 3, 2014 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., PERADOTTO, CARNI, AND LINDLEY, JJ.
881 CA 13-00880

[*1]MARCIA ALLEN, PLAINTIFF,

v

WAL-MART STORES, INC., DEFENDANT. (ACTION NO. 1.) - MARCIA ALLEN, PLAINTIFF-APPELLANT, WAL-MART STORES EAST, LP, DEFENDANT-RESPONDENT. (ACTION NO. 2.) (APPEAL NO. 2.)

Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered July 30, 2012. The order granted the motion of defendant to strike the complaint and dismiss action No. 2 pursuant to CPLR 3126.

MELVIN BRESSLER, ROCHESTER, FOR PLAINTIFF-APPELLANT.

BROWN HUTCHINSON LLP, ROCHESTER (R. ANDREW FEINBERG OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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

Same Memorandum as in Allen v Wal-Mart Stores, Inc. ([appeal No. 1], ___ AD3d ___ [Oct. 3, 2014]).

Entered: October 3, 2014

Frances E. Cafarell

Clerk of the Court