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HARLAND v. COMMANDER OIL

108 Misc.2d 511 (1981)

Harland Enterprises, Inc., Doing Business as Holland Associates, et al., Plaintiffs, v. Commander Oil Corp. et al., Defendants.

Supreme Court, Special Term, Nassau County.

February 19, 1981

Attorney(s) appearing for the Case

Joseph A. Guarino, Town Attorney, for Town of North Hempstead, defendant. Suozzi, English, Cianciulli & Peirez, P. C., for plaintiffs.

ARTHUR D. SPATT, J.

This is a motion by defendant Town of North Hempstead (Town), pursuant to CPLR 3211 (subd [a], par 7), to dismiss the complaint upon the ground that the complaint fails to state a cause of action against the defendant Town of North Hempstead.

BACKGROUND AND CONTENTIONS

This is a action to recover damages for the negligence of the defendant Commander Oil Corp. in performing repair service upon plaintiff Holland's oil...

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