Appellate Division of the Supreme Court of the State of New York October 28, 2002 (Rodriguez v. Kimco Centereach 605, Inc.)

In an action to recover damages for personal injuries, etc., the defendant Wal-Mart Stores, Inc., appeals from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated December 4, 2001, as denied that branch of the defendants’ motion which was for summary judgment dismissing the complaint insofar as asserted against it.