KELLEY v. WEAVER CORP.


237 A.D.2d 991 (1997)

656 N.Y.S.2d 981

Patrick J. Kelley, Respondent, v. Weaver Corporation et al., Respondents, and Burton S. August, as Trustee under Trust Agreement among Burton S. August and Others, et al., Appellants

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

March 14, 1997


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of the August Trust for summary judgment dismissing the negligence and Labor Law § 200 causes of action. There are triable issues of fact whether the August Trust exercised control over the Monro Muffler premises and/or were chargeable with actual or constructive notice of the alleged dangerous condition of the overhead...

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