Order unanimously reversed on the law without costs, motion granted and complaint against defendant Herkimer Petroleum Products, Inc., doing business as Uptown Nice & Easy, dismissed.
Memorandum:
Supreme Court erred in denying the motion of defendant Herkimer Petroleum Products, Inc., doing business as Uptown Nice & Easy (Herkimer), for summary judgment dismissing the complaint against it. Plaintiff alleges that defendant Scott Sequin struck him with...
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