SCHOSEK v. AMHERST PAVING, INC.


11 N.Y.3d 882 (2008)

TODD SCHOSEK, as Administrator of the Estate of JESSE J. SCHOSEK, Deceased, et al., Appellants, v. AMHERST PAVING, INC., et al., Respondents.

Court of Appeals of the State of New York.

Decided December 17, 2008.


Attorney(s) appearing for the Case

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.

Concur: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES.


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...

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