MARACLE v. COLIN C. HART DEVELOPMENT CO., INC.

461 CA 20-01026.

194 A.D.3d 1419 (2021)

148 N.Y.S.3d 580

2021 NY Slip Op 02939

Stanley Maracle, Respondent, v. Colin C. Hart Development Company, Inc., Appellant.

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

Decided May 7, 2021.


Attorney(s) appearing for the Case

WALSH, ROBERTS & GRACE LLP, BUFFALO ( JOSEPH H. EMMINGER, JR. , OF COUNSEL), FOR DEFENDANT-APPELLANT.

SHAW & SHAW, P.C., HAMBURG ( LEONARD D. ZACCAGNINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Centra, J.P., Carni, NeMoyer, Troutman and Winslow, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the complaint to the extent that the complaint, as amplified by the bill of particulars, alleges that defendant created or had actual notice of the allegedly dangerous condition and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action to recover damages for injuries that he sustained when he fell...

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