Folmsbee v Goodyear Tire & Rubber Co.
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Folmsbee v Goodyear Tire & Rubber Co.
2013 NY Slip Op 08768
Released on December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, AND VALENTINO, JJ.
1340 CA 13-01034
[*1]GLORY FOLMSBEE AND MARK FOLMSBEE, PLAINTIFFS-RESPONDENTS,
v
THE GOODYEAR TIRE & RUBBER COMPANY, DOING BUSINESS AS GOODYEAR AUTO SERVICE CENTERS, DEFENDANT, AND BENDERSON PROPERTIES, INC., FORMERLY KNOWN AS BENDERSON DEVELOPMENT COMPANY, LLC, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered August 14, 2012 in a personal injury action. The order, inter alia, denied the motion of defendant Benderson Properties, Inc., formerly known as Benderson Development Company, LLC, for summary judgment dismissing the complaint against it and granted plaintiffs partial summary judgment dismissing the affirmative defense alleging assumption of risk.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (RODGER P. DOYLE, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
ANDREWS, BERNSTEIN, MARANTO & NICOTRA, PLLC, BUFFALO (ROBERT J. MARANTO, JR., OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court
Released on December 27, 2013
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: SCUDDER, P.J., FAHEY, PERADOTTO, CARNI, AND VALENTINO, JJ.
1340 CA 13-01034
[*1]GLORY FOLMSBEE AND MARK FOLMSBEE, PLAINTIFFS-RESPONDENTS,
v
THE GOODYEAR TIRE & RUBBER COMPANY, DOING BUSINESS AS GOODYEAR AUTO SERVICE CENTERS, DEFENDANT, AND BENDERSON PROPERTIES, INC., FORMERLY KNOWN AS BENDERSON DEVELOPMENT COMPANY, LLC, DEFENDANT-APPELLANT.
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered August 14, 2012 in a personal injury action. The order, inter alia, denied the motion of defendant Benderson Properties, Inc., formerly known as Benderson Development Company, LLC, for summary judgment dismissing the complaint against it and granted plaintiffs partial summary judgment dismissing the affirmative defense alleging assumption of risk.
KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO (RODGER P. DOYLE, JR., OF COUNSEL), FOR DEFENDANT-APPELLANT.
ANDREWS, BERNSTEIN, MARANTO & NICOTRA, PLLC, BUFFALO (ROBERT J. MARANTO, JR., OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.
It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court.
Entered: December 27, 2013
Frances E. Cafarell
Clerk of the Court
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