Ordered that the order is reversed insofar as appealed from, on the law, with one bill of costs, and those branches of the motion of the defendant Home Depot U.S.A., Inc., which were for summary judgment dismissing the complaint insofar as asserted against it to the extent that it seeks recovery on a theory of respondeat superior and dismissing all cross claims insofar as asserted against it are granted.
In December 2003 the defendant John Mills was employed by the...
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