Plaintiff alleges that defendant provided the gasoline to the assailant in a paper cup in violation of 9 NYCRR 1164.3, which prohibits gas stations from dispensing gasoline in open and other unapproved containers. The motion court denied defendant's motion for summary judgment on the ground that the existence of a legal cause between the alleged violation of 9 NYCRR 1164.3 and the alleged assault is an issue of fact for the jury. This was error. The regulation is the State...
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