PARENTE v. KISNER


34 A.D.2d 244 (1970)

Florence Parente, Respondent, v. Charles Kisner, Doing Business as Kisner's Atlantic Station, Defendant, and Schrier-Havens Oil Co., Inc., Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

June 2, 1970.


Attorney(s) appearing for the Case

Samuel J. Castellino for appellant.

Alan J. Friedlander for respondent.

Night, Keller & O'Connor for defendant.

REYNOLDS, STALEY, JR., GREENBLOTT and COOKE, JJ., concur.


HERLIHY, P. J.

This is an appeal by the defendant, Schrier-Havens Oil Co., Inc., from an order of the Supreme Court at Special Term, entered December 11, 1969 in Tioga County, which denied its motion for judgment dismissing the complaint.

The plaintiff was allegedly injured by a negligent act or negligent condition in the State of Pennsylvania while on premises managed and leased by the defendant, Kisner, and

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