ERDELY v. ACCESS DIRECT SYSTEMS, INC.


45 A.D.3d 724 (2007)

847 N.Y.S.2d 108

ROBERT ERDELY et al., Appellants, v. ACCESS DIRECT SYSTEMS, INC., Respondent.

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

Decided November 20, 2007.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the defendant's motion which was for summary judgment dismissing the common-law negligence cause of action is denied, that branch of the plaintiffs' cross motion which was for summary judgment on the issue of liability on the common-law negligence cause of action is granted, and that branch of the plaintiffs' cross motion which was to strike the defendant's answer pursuant...

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