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DESIMONE v. SNAPPLE BEVERAGE CORP.

275 A.D.2d 439 (2000)

713 N.Y.S.2d 134

PAUL DESIMONE, Appellant, v. SNAPPLE BEVERAGE CORP. et al., Respondents, et al., Defendant.

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

Decided August 28, 2000.

Ordered that the judgment entered May 21, 1999, is affirmed; and it is further,

Ordered that the judgment entered June 4, 1999, is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

We agree that the complaint failed to state a cause of action against the respondents to recover damages for the injuries the plaintiff sustained when he was robbed and shot while sitting...

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