| Brown v Wal-Mart Stores, Inc. |
| 2023 NY Slip Op 02402 [216 AD3d 1390] |
| May 5, 2023 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Corey Brown et al., 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.) |
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.
Appeal from an order of the Supreme Court, Erie County (Paul Wojtaszek, J.), entered December 27, 2021. The order granted the motion of third-party defendant for summary judgment dismissing the third-party complaint.
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] 216 AD3d 1390 [4th Dept, May 5, 2023]). Present—Smith, J.P., Lindley, Curran, Bannister and Montour, JJ.