Opinion Excerpt

Beale v K Mart Corp. 2026 NY Slip Op 05926 October 14, 2026 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This decision is uncorrected and subject to revision before publication in the Official Reports. Barry Beale, respondent, v K Mart Corporation, appellant, et al., defendant. Supreme Court of the State of New York, Appellate Division, Second Judicial Department Decided on October 14, 2026 2025-01740, (Index No. 601098/21)