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MOORE v. MICHAUD

166 A.D.2d 883 (1990)

Wayne Moore, Appellant, v. Thomas Michaud, Defendant, and Milton Bradley International, Inc., et al., Respondents

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

October 5, 1990

Order unanimously reversed on the law with costs and motion denied.

Memorandum:

Supreme Court erred in granting the motion of defendant Milton Bradley International, Inc. for summary judgment dismissing plaintiff's complaint. The movant sought dismissal solely on the ground that defendant Michaud was not in its employ when he assaulted plaintiff. Michaud's verified answer, in which he admitted that he was at the...

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