COREY BROWN AND MARJORIE BROWN PLAINTIFFS v. WAL MART STORES INC INDIVIDUALLY AND DOING BUSINESS AS WAL MART ET AL DEFENDANTS (2023)

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

COREY BROWN AND MARJORIE BROWN, PLAINTIFFS, v. WAL-MART STORES, INC., INDIVIDUALLY AND DOING BUSINESS AS WAL-MART, ET AL., DEFENDANTS.
WAL-MART STORES, INC., INDIVIDUALLY AND DOING BUSINESS AS WAL-MART, THIRD-PARTY PLAINTIFF-APPELLANT, v. TOWN OF AMHERST, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.)

35 Decided: May 05, 2023

PRESENT: SMITH, J.P., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.

HARTER SECREST & EMERY LLP, ROCHESTER (JEFFREY A. WADSWORTH OF COUNSEL), AND BROWN HUTCHINSON LLP, FOR THIRD-PARTY PLAINTIFF-APPELLANT. MICHAEL J. WILLETT, BUFFALO, FOR THIRD-PARTY DEFENDANT-RESPONDENT.

MEMORANDUM AND ORDER

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

Same memorandum as in Brown v Wal-Mart Stores, Inc. ([appeal No. 2] — AD3d — [May 5, 2023][4th Dept 2023]).

Entered: May 5, 2023

Ann Dillon Flynn

Clerk of the Court

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