GRUBER v. LATELLO


207 A.D.2d 1033 (1994)

617 N.Y.S.2d 700

Kathleen Gruber, Individually and as Administratrix of The Estate of John G. Gruber, Deceased, Respondent, v. Anthony Latello et al., Defendants, and L V & L Resort Corporation, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

September 30, 1994


Order insofar as appealed from unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court erred in granting plaintiff's motion for summary judgment with respect to liability against L V & L Resort Corporation (defendant). Defendant's violation of 10 NYCRR 6-2.14 as determined at an administrative proceeding by the Erie County Department of Health did not constitute negligence...

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