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GRONSKI v. COUNTY OF MONROE

No. 192.

18 N.Y.3d 374 (2011)

963 N.E.2d 1219

940 N.Y.S.2d 518

JOHN GRONSKI et al., Appellants, v. COUNTY OF MONROE, Respondent.

Court of Appeals of New York.

Decided November 17, 2011.

Attorney(s) appearing for the Case

The Wolford Law Firm LLP, Rochester ( Elizabeth A. Wolford and Michael R. Wolford of counsel), for appellants.

Gibson, McAskill & Crosby, LLP, Buffalo ( Victor Alan Oliveri of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO and JONES concur with Judge CIPARICK; Judge PIGOTT dissents and votes to affirm in a separate opinion in which Judges READ and SMITH concur.

OPINION OF THE COURT

CIPARICK, J.

At issue in this appeal is whether the courts below erred in finding, as a matter of law, that defendant County of Monroe (the County) relinquished control over a county-owned but independently operated recycling center such that the County is not liable to plaintiff John Gronski for injuries sustained as a result of an unsafe condition on the premises. We hold that an issue of fact exists as to whether and to what extent...

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