CHARITE v. DUANE READE, INC.

2012-10943

120 A.D.3d 1378 (2014)

993 N.Y.S.2d 138

2014 NY Slip Op 06292

JEAN JAMES CHARITE et al., Respondents, v. DUANE READE, INC., et al., Appellants, et al., Defendants.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 24, 2014.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Duane Reade, Inc., Walgreen Company, Inc., and Walgreen Eastern Co., Inc., pursuant to CPLR 3211 (a) which was to dismiss the first cause of action insofar as asserted against them is granted.

The Supreme Court should have granted that branch of the motion of the defendants Duane Reade, Inc. (hereinafter Duane Reade), Walgreen Company...

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