GARDNER v. PERRINE

8464.

101 A.D.3d 1587 (2012)

957 N.Y.S.2d 776

2012 NY Slip Op 8871

MARK GARDNER et al., Appellants, v. JONATHAN C. PERRINE et al., Defendants, and SEALAND CONTRACTORS CORP., Respondent.

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

December 21, 2012.


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint against defendant Sealand Contractors Corp. is reinstated.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Mark Gardner (plaintiff) when he was struck by a vehicle while attempting to repair a dislodged water valve cover on North Main Street in Canandaigua. At the time of the accident,...

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