Baltzer v Federated Dept. Stores, Inc. (2007 NY Slip Op 03862)

Baltzer v Federated Dept. Stores, Inc.

2007 NY Slip Op 03862 [40 AD3d 559]

May 1, 2007

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, July 11, 2007

Carolyn Baltzer, Appellant,
v
Federated Department Stores, Inc., et al., Respondents.

—[*1] Siben & Siben, LLP, Bay Shore, N.Y. (Alan G. Faber of counsel), for appellant.

Lester Schwab Katz & Dwyer, LLP, New York, N.Y. (Paul M. Tarr and Steven B. Prystowsky of counsel), for respondents.

In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Suffolk County (Baisley, J.), dated March 29, 2006, which granted the defendants' motion for summary judgment dismissing the complaint.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly determined that there were no triable issues of fact. Mastro, J.P., Rivera, Dillon and Carni, JJ., concur.