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  5. 160 A.D.2d 791 (1990)
 

SPORN v. SUN REF. MKTG. CO.

160 A.D.2d 791 (1990)

Michael Sporn et al., Appellants, v. Sun Refining Marketing Company, Respondent, et al., Defendant

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

April 9, 1990

Ordered that the order is affirmed insofar as appealed from, with costs.

The motion of the defendant Sun Refining & Marketing Company (hereinafter Sun) for summary judgment was properly granted, as the torts alleged in the complaint are alleged to have been committed solely by the defendant 174-02 Horace Harding Expressway Service Center, Inc.

Moreover, under the circumstances of this case, including the plaintiffs...

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