Ordered that the order is affirmed, with costs.
On or about April 16, 1997, the plaintiff commenced a personal injury action against McDonald's Corporation (hereinafter McDonald's) to recover damages for alleged food poisoning on June 26, 1994 (hereinafter the first action). However, McDonald's neither owned nor operated the restaurant where the incident allegedly occurred. Rather, the restaurant was owned and operated by the defendant, Solecam Corp., doing business...
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