Legal Opinion

Montalbano v. Wal-Mart Associates, Inc.

District Court, E.D. New York

Decided January 20, 2021No. 2:19-cv-06584Unknown

1Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK PHILIP MONTALBANO and KATHRYN MONTALBANO, No. 19-CV-6584 (ARR) (RER) Plaintiffs, — against — Not for print or electronic publication WAL-MART ASSOCIATES, INC., Defendant. Opinion & Order ROSS, United States District Judge: Defendant, Wal-Mart Stores East, LP1 (“Wal-Mart”), moves for summary judgment. For the reasons discussed below, defendant’s motion is denied. BACKGROUND On or about May 31, 2019, plaintiffs Philip and Kathryn Montalbano were shopping at a store located at 750 Middle Country Road, Middle Island, New York. Compl. ¶¶ 2,…

2Cases cited21 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Carol A. Gallo v. Prudential Residential Services, Limited Partnership, Doing Business as Prudential Relocation ManagementCourt of Appeals for the Second Circuit · 1994
  4. Security Insurance Company of Hartford A/s/o Jt International Holdings, B v. V. Old Dominion Freight Line, Inc., Defendant-Cross-Claimant-Appellant v. Concord Transportation, Inc., Defendant-Cross-DefendantCourt of Appeals for the Second Circuit · 2004
  5. Fabrikant v. FrenchCourt of Appeals for the Second Circuit · 2012

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