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ANDREULA v. STEINWAY BARAQAFOOD CORP.

243 A.D.2d 596 (1997)

668 N.Y.S.2d 891

Philip Andreula, as Executor of Vincent Andreula, Deceased, et al., Respondents, v. Steinway Baraqafood Corp., Doing Business as Dunkin Donuts, et al., Respondents, and Dunkin Donuts of New York, Inc., Appellant

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

October 20, 1997

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint and all cross claims are dismissed insofar as asserted against the defendant Dunkin Donuts of New York, Inc., and the action against the remaining defendants is severed.

This action arises out of a motor vehicle accident in which an employee of a franchisee of the defendant Dunkin Donuts of New York, Inc., lost control of his delivery vehicle and struck a pedestrian. The...

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