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LORKOWSKI v. J.C. PITMAN CO., INC.

177 A.D.2d 1021 (1991)

William J. Lorkowski et al., Respondents, v. J.C. Pitman Company, Inc., Respondent and Third-Party Plaintiff-Respondent, and G.S. Blodgett Company, Inc., Appellant. Lender's Bagel Bakery, Inc., Subsequently Known as L.B.B., Inc., Third-Party Defendant-Respondent

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

November 15, 1991

Order unanimously reversed on the law without costs, motion granted, complaint and cross claims dismissed.

Memorandum:

It is uncontroverted that defendant J.C. Pitman Company (Pitman) is the wholly owned subsidiary of defendant G.S. Blodgett Company (Blodgett) and that the boards of directors of the two companies overlap. Nonetheless, in support of its motion for summary judgment, Blodgett established by proof in...

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