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Bruce v. Morton Williams Supermarkets, Inc.

Dismissal Denied, Lease Did Not Show Defendant Was Not Operating Premises

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22 were read on this motion to DISMISS. DECISION + ORDER ON MOTION Upon the foregoing documents, the motion by defendant Morton Williams Supermarkets, Inc. (“Morton Williams”) pursuant to CPLR 3211(a)(1) and (a)(7), to dismiss this action is granted to the limited extent that plaintiffs demand for punitive damages is dismissed as against Morton Williams, and otherwise denied. Plaintiff alleges that the Morton Williams operated a supermarket at 311 East 23rd Street, New York, New York (the “Premises”) on October 9, 2021 and that that plaintiff was lawfully at the supermarket on that date when the John Doe defendant, a security officer employed by Morton Williams, “accosted plaintiff, physically assaulted the [p]laintiff, illegally and forcibly handcuffed him, confined and locked plaintiff in a holding cell for several hours until his release” without cause (NYSCEF Doc. No. 1 [Complaint at

10, 14-15]). Plaintiff asserts claims for, inter alia, assault, negligence, false arrest, and false imprisonment (Id. at

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