Schosek v Amherst Paving, Inc.
Annotate this Case[*1] Todd Schosek, as Administrator of the Estate of Jesse J. Schosek, Deceased, et al., Appellants,
v
Amherst Paving, Inc., et al., Respondents.
Decided December 17, 2008
Schosek v Amherst Paving, Inc., 53 AD3d 1037, reversed.
APPEARANCES OF COUNSEL
Michael L. Kobiolka, Eden, for Todd Schosek, appellant.
Michael G. Cooper, Hamburg, for Kelly Schosek, appellant.
Kenney Shelton Liptak Nowak LLP, Buffalo (Brian MacDonald of counsel), for Amherst Paving, Inc., respondent.
{**11 NY3d at 883} 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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