RIVERA v. WATER BOY, INC.

2016-00368, Index No. 26523/10.

144 A.D.3d 884 (2016)

2016 NY Slip Op 07635

41 N.Y.S.3d 545

JULIA RIVERA, Respondent, v. WATER BOY, INC., et al., Appellants, and NORMA S. ADAMES, Respondent.

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

Decided November 16, 2016.


Ordered that the order is reversed, on the law, with one bill of costs, and the motion of the defendants Water Boy, Inc., and Michael Soto for summary judgment dismissing the complaint and all cross claims insofar as asserted against them is granted.

The Supreme Court erred in denying the appellants' motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against them. "A defendant moving for summary judgment in a negligence action...

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