Appellate Division of the Supreme Court of the State of New York August 11, 2005 (Zuk v. Great Atlantic & Pacific Tea Co.)

Order, Supreme Court, Bronx County (Janice L. Bowman, J.), entered June 21, 2004, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant dismissing the complaint.