PIERSIELAK v. AMYELL DEVELOPMENT CORPORATION


57 A.D.3d 1422 (2008)

870 N.Y.S.2d 202

PATRICIA PIERSIELAK et al., Appellant, v. AMYELL DEVELOPMENT CORPORATION et al., Respondents.

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

December 31, 2008.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the amended complaint insofar as the amended complaint, as amplified by the bill of particulars, alleges that defendants had constructive notice of the alleged dangerous condition and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Patricia Piersielak...

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