New York Court of Appeals, 2008

Schosek v. Amherst Paving, Inc.

Schosek v. Amherst Paving, Inc.
New York Court of Appeals · Decided December 17, 2008
11 N.Y.3d 882; 901 N.E.2d 749
Schosek v. Amherst Paving, Inc.

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Opinion of the Court

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs, and that part of defendant Amherst Paving, Inc.’s motion that sought summary judgment dismissing the complaint against it denied. A triable issue of fact exists as to whether Amherst Paving created or exacerbated a dangerous condition.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.

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