STATE OF NEW YORK v. DENNIN


39 A.D.3d 925 (2007)

834 N.Y.S.2d 348

STATE OF NEW YORK, Plaintiff, v. MARGARET E. DENNIN et al., Defendants and Third-Party Plaintiffs-Appellants, et al., Defendant. MICHIGAN MILLERS MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent, et al., Third-Party Defendant.

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

Decided April 5, 2007.


Mugglin, J.

In a prior decision in which the facts are fully set forth (17 A.D.3d 744 [2005], lv dismissed 5 N.Y.3d 824 [2005]), we determined that defendant Frederick S. Dennin (hereinafter defendant), as the owner of record of real estate in the Town of St. Armand, Essex County, on which a convenience store and gasoline station were located, retained sufficient control over the use of...

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