WARREN v. E.J. MILITELLO CONCRETE, INC.

940 CA 18-01085.

177 A.D.3d 1370 (2019)

2019 NY Slip Op 08300

Gary E. Warren et al., Appellants, v. E.J. Militello Concrete, Inc., et al., Defendants, and Verizon New York, Inc., Respondent. (Appeal No. 1.)

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

Decided November 15, 2019.


It is hereby ordered that the order and judgment so appealed from is unanimously reversed on the law without costs, the complaint against defendant Verizon New York, Inc. is reinstated, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Plaintiffs commenced this negligence action to recover damages for injuries sustained by Gary E. Warren (plaintiff) on the sidewalk outside the offices of his employer...

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