Brady v Family Dollar Stores of N.Y., Inc.
2009 NY Slip Op 04565 [63 AD3d 1613]
June 5, 2009
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 5, 2009


Shawn M. Brady et al., Appellants, v Family Dollar Stores of New York, Inc., et al., Respondents.

—[*1] Collins & Maxwell, L.L.P., Buffalo (Alan D. Voos of counsel), for plaintiffs-appellants.

Goldberg Segalla LLP, Buffalo (Joseph L. Mooney of counsel), for defendant-respondent Family Dollar Stores of New York, Inc.

Augello & Matteliano, LLP, Buffalo (Joseph A. Matteliano of counsel), for defendant-respondent Lockport Plaza Associates, LLC.

Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered May 9, 2008 in a personal injury action. The order granted the motions of defendants for summary judgment and dismissed the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Smith, J.P., Centra, Peradotto and Green, JJ.