Brown v. Wal-Mart Stores, Inc.
Brown v. Wal-Mart Stores, Inc.
2023 NY Slip Op 02402
Opinion
Brown v Wal-Mart Stores, Inc. (2023 NY Slip Op 02402)
Decided on May 5, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
35 CA 22-00144
| Brown v Wal-Mart Stores, Inc. |
| 2023 NY Slip Op 02402 |
| Decided on May 5, 2023 |
| 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 May 5, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: SMITH, J.P., LINDLEY, CURRAN, BANNISTER, AND MONTOUR, JJ.
35 CA 22-00144
[*1]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, TOWN OF AMHERST, THIRD-PARTY DEFENDANT-RESPONDENT. (APPEAL NO. 1.)
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, 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] — AD3d — [May 5, 2023][4th Dept 2023]).
Entered: May 5, 2023
Ann Dillon Flynn
Clerk of the Court
Case-law data current through December 31, 2025. Source: CourtListener bulk data.