`FILED: ERIE COUNTY CLERK 07m2018 01:07 PM
`
`NYSCEF DOC. NO. 38
`NYSCEF DOC. NO. 38
`
`EX NO .
`810484/2015
`INDEX NO. 810484/2015
`
`IND
` \iYSCI
`
`
`
`
`
`SF:
`R«.C«.IV«.D
`07/03/2018
`RECEIVED NYSCEF: 07/03/2018
`
`STATE OF NEW YORK
`SUPREME COURT: COUNTY OF ERIE
`
`ELIZABETH M. MCMAHON,
`
`vs.
`
`Plaintiff,
`
`WEGMANS FOOD MARKETS, INC.,
`
`Defendant.
`
`ORDER
`
`Index No.: 310484I2015
`
`The Defendant, Wegmans Food Markets, inc., having filed a Notice of
`
`Motion for Summary Judgment dated April 25, 2018 supported by the Affidavit of
`
`Mark P. Della Posts, Esq. sworn to on the 25th day of April, 2018 and a
`
`Memorandum of Law submitted in support of Wegmans Motion for Summary
`
`Judgment also dated April 25, 2018 and the Plaintiff, Elizabeth M. McMahon
`
`having filed a Notice of Cross Motion for a bifurcated trial by Notice of Motion
`
`dated June 8, 2018 together with the Responding Affidavit of Richard S. Juda,
`
`Jr., Esq. dated June 8, 2018 in Opposition to Defendant’s Motion for Summary
`
`Judgment and in Support of Plaintiff’s Cross Motion for Bifurcation and a
`
`Memorandum of Law in Opposition to Wegmans Motion for Summary Judgment
`
`also dated June 8. 2018 and the Defendant, Wegmans Food Markets, Inc.
`
`having filed a Reply Affidavit of Mark F’. Della Posta, Esq. in further support of
`
`Wegman's Motion for Summary Judgment dated June 14, 2018 together with a
`
`reply Memorandum of Law dated June 14, 2018 and this matter having regularly
`
`come on to be heard and after due deliberation being had thereon, it is hereby:
`
`l of 2
`1 of 2
`
`
`
`FILED: ERIE COUNTY CLERK 07/03/2018 01:07 PM
`FILED: ERIE COUNTY CLERK 07m2018 01:07 PM
`NYSCI 3F DOC. NO. 38
`NYSCEF DOC. NO. 38
`
`IND
`EX NO .
`810484/2015
`INDEX NO. 810484/2015
`
` \iYSCI
`
` fiIV *.D
`
`
`SF:
`07/03/2018
`RECEIVED NYSCEF: 07/03/2018
`
`ORDERED, that the Defendant‘s Motion for Summary Judgment is hereby
`
`denied in all respects and it is further,
`
`ORDERED. that the Plaintiff's Cross Motion for Bifurcation is hereby
`
`granted.
`
`
`
`-/
`
`2 of 2
`2 of 2
`
`
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