DITTERT v. OAK TREE FARM DAIRY, INC.


249 A.D.2d 355 (1998)

671 N.Y.S.2d 492

Jason Dittert et al., Respondents, v. Oak Tree Farm Dairy, Inc., Appellant, et al., Defendants

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

April 13, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the action against the remaining defendants is severed.

On April 21, 1994, the plaintiffs, Jason Dittert, Anthony Lombardo, and the decedent Walter J. Finn, were the victims of armed robberies perpetrated at two convenience stores, one located in Deer Park and one located in...

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