Hugh Personius v John G. Mann

Personius v Mann 2005 NY Slip Op 08768 [5 NY3d 857] November 17, 2005 Court of Appeals Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 25, 2006

[*1] Hugh Personius et al., Appellants,
v
John G. Mann et al., Respondents.

Decided November 17, 2005

Personius v Mann, 20 AD3d 616, modified.

APPEARANCES OF COUNSEL

Learned, Reilly & Learned, LLP, Elmira (Diana L. Hughes of counsel), for appellants.

Costello Cooney & Fearon PLLC, Syracuse (Samuel C. Young of counsel), for respondents.

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 modified, with costs to plaintiffs, by denying defendants' motion for summary judgment as to the negligence cause of action and, as so modified, affirmed. A question of fact existed as to whether defendants fulfilled their duty to inspect and maintain the pole in question.

Concur: Chief Judge Kaye and Judges G.B. Smith, Ciparick, Rosenblatt, Graffeo, Read and R.S. Smith.