SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
February 10, 2011
MARLENE WHITMORE AND JOHN R. WHITMORE,
FEDERATED RETAIL HOLDING, INC., THE MAY DEPARTMENT STORES COMPANY,
DOING BUSINESS AS KAUFMANS,
Appeal from an order of the Supreme Court, Monroe County (Evelyn Frazee, J.), entered October 21, 2009. The order granted the motion of defendants for summary judgment dismissing the complaint.
Whitmore v Federated Retail Holding, Inc.
Decided on February 10, 2011 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 February 10, 2011
PRESENT: SCUDDER, P.J., CENTRA, CARNI, SCONIERS, AND GORSKI, JJ.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Entered: February 10, 2011 Patricia L. Morgan Clerk of the Court
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