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SHROUT v. ROCHESTER GAS & ELEC. CORP.

1032 CA 09-02560.

77 A.D.3d 1372 (2010)

909 N.Y.S.2d 855

KIMBERLY A. SHROUT, Individually and as the Administratrix of the Estate of RAYMOND SHROUT, Deceased, Appellant, v. ROCHESTER GAS & ELECTRIC CORPORATION et al., Defendants, and FRANK B. IACOVANGELO, as Public Administrator of the Estate of DALE FRAVEL, Deceased, Respondent.

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

Decided October 1, 2010.

It is hereby ordered that the judgment and order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the first and fifth causes of action against defendant Frank B. Iacovangelo, as Public Administrator of the estate of Dale Fravel, deceased, insofar as those causes of action, as amplified by the bill of particulars, allege that Dale Fravel permitted a dangerous condition to exist on the premises, and reinstating the ninth cause...

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