Musinski v. Harran Transportation Co.

In a negligence action to recover damages for personal injuries, etc., the defendant Sears, Roebuck and Company appeals from an order of the Supreme Court, Nassau County (O’Shaughnessy, J.), dated November 8, 1990, which denied its motion to dismiss the complaint insofar as it is asserted against it for failure to state a cause of action, or for summary judgment dismissing the complaint insofar as it is asserted against it.

Ordered that the order is reversed, on the law, with costs, *805the motion is granted, the complaint is dismissed insofar as it is asserted against Sears, Roebuck and Company,…