`FILED: ERIE COUNTY CLERK 07m2018 01:07 PM
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`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.
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`Plaintiff,
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`WEGMANS FOOD MARKETS, INC.,
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`Defendant.
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`ORDER
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`Index No.: 310484I2015
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`The Defendant, Wegmans Food Markets, inc., having filed a Notice of
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`Motion for Summary Judgment dated April 25, 2018 supported by the Affidavit of
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`Mark P. Della Posts, Esq. sworn to on the 25th day of April, 2018 and a
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`Memorandum of Law submitted in support of Wegmans Motion for Summary
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`Judgment also dated April 25, 2018 and the Plaintiff, Elizabeth M. McMahon
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`having filed a Notice of Cross Motion for a bifurcated trial by Notice of Motion
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`dated June 8, 2018 together with the Responding Affidavit of Richard S. Juda,
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`Jr., Esq. dated June 8, 2018 in Opposition to Defendant’s Motion for Summary
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`Judgment and in Support of Plaintiff’s Cross Motion for Bifurcation and a
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`Memorandum of Law in Opposition to Wegmans Motion for Summary Judgment
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`also dated June 8. 2018 and the Defendant, Wegmans Food Markets, Inc.
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`having filed a Reply Affidavit of Mark F’. Della Posta, Esq. in further support of
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`Wegman's Motion for Summary Judgment dated June 14, 2018 together with a
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`reply Memorandum of Law dated June 14, 2018 and this matter having regularly
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`come on to be heard and after due deliberation being had thereon, it is hereby:
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`l of 2
`1 of 2
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`
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`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
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`denied in all respects and it is further,
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`ORDERED. that the Plaintiff's Cross Motion for Bifurcation is hereby
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`granted.
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`
`
`-/
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`2 of 2
`2 of 2
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