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PASSANTE v. AGWAY CONSUMER PRODUCTS, INC.

294 A.D.2d 831 (2002)

741 N.Y.S.2d 624

SAMUEL PASSANTE et al., Respondents, v. AGWAY CONSUMER PRODUCTS, INC., Doing Business as G & P FRESH PAC, et al., Defendants, and MULLEN INDUSTRIAL HANDLING CORP., Appellant.

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

Decided May 3, 2002.

It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs, the motion is granted and the amended complaint against defendant Mullen Industrial Handling Corp. is dismissed.

Memorandum:

Supreme Court erred in denying the motion of defendant Mullen Industrial Handling Corp. (Mullen) seeking summary judgment dismissing the amended complaint against it. Samuel Passante (plaintiff) was injured while operating...

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