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FOLMSBEE v. GOODYEAR TIRE & RUBBER CO.

1340 CA 13-01034

112 A.D.3d 1375 (2013)

976 N.Y.S.2d 920

2013 NY Slip Op 8768

GLORY FOLMSBEE et al., Respondents, v. THE GOODYEAR TIRE & RUBBER COMPANY, Doing Business as GOODYEAR AUTO SERVICE CENTERS, Defendant, and BENDERSON PROPERTIES, INC., Formerly Known as BENDERSON DEVELOPMENT COMPANY, LLC, Appellant.

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

Decided December 27, 2013.

Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered August 14, 2012 in a personal injury action. The order, inter alia, denied the motion of defendant Benderson Properties, Inc., formerly known as Benderson Development Company, LLC, for summary judgment dismissing the complaint against it and granted plaintiffs partial summary judgment dismissing the affirmative defense alleging assumption of risk.

It is hereby ordered that the...

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