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LOOMIS v. SUN OIL CO.

79 A.D.2d 889 (1980)

Matilda Loomis, Respondent, v. Sun Oil Company, Respondent, and National Fuel Gas, Appellant

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

December 23, 1980

Order unanimously reversed, with costs, and motion granted.

Memorandum:

Special Term erred in denying the motion of appellant National Fuel Gas (NFG) for summary judgment (CPLR 3212) dismissing the complaint and cross claim against NFG for injuries allegedly suffered when plaintiff fell into a hole in the sidewalk on property owned by defendant Sun Oil Company on which third-party defendant Sciortino operated a gas station. To be sure, summary judgment against...

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