Appellate Division of the Supreme Court of the State of New York December 10, 2001 (Breuer v. Wal-Mart Stores, Inc.)

In an action to recover damages for personal injuries, the defendant appeals from so much of an order of the Supreme Court, Suffolk County (Tanenbaum, J.), dated May 22, 2001, as denied its motion for summary judgment dismissing the complaint.

Ordered that the order is reversed insofar as appealed from, with costs, the motion is granted, and the complaint is dismissed.