FISHER v. ABCON TRUST


230 A.D.2d 889 (1996)

646 N.Y.S.2d 887

Robert Fisher, Respondent, v. Abcon Trust et al., Respondents, and Leemilts Petroleum, Inc., Appellant

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

August 26, 1996


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion of the defendant Leemilts Petroleum, Inc., for summary judgment is granted, the plaintiff's cross motion is denied as academic, and the complaint and all cross claims insofar as asserted against the defendant Leemilts Petroleum, Inc., are dismissed, and the action against the remaining defendant is severed.

On June 9, 1990, the plaintiff was working as a landscaper on property...

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