BORIS v. TOPS MKTS.


163 Misc.2d 1088 (1995)

623 N.Y.S.2d 698

Daniel Boris, Individually and as Executor of Linda A. Boris, Deceased, Plaintiff, v. Tops Markets, Inc., et al., Defendants.

Supreme Court, Erie County.

January 31, 1995


Attorney(s) appearing for the Case

Gerald Grace, Jr., Buffalo, for plaintiff. Maurice L. Sykes, Buffalo, for Zippo Manufacturing Company, defendant. Daniel J. Schoenborn, Buffalo, for Tops Markets, Inc., defendant. Joseph F. Gervase, Jr., Buffalo, for Shawn Galioto, defendant. Gregory P. Miller, Buffalo, for Joy Kimball, defendant. Joseph M. Schnitter, Buffalo, for Colleen E. Flaherty, defendant.


JEROME C. GORSKI, J.

This matter comes before this court by way of plaintiff's motion to compel answers to interrogatories it submitted to the defendant, Zippo Manufacturing Company (Zippo). Zippo has cross-moved this court for relief — dismissal of plaintiff's claim against it in its entirety. It is important to note that this is a companion case to the motor vehicle accident action previously commenced...

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