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BRITT v. NORTHERN DEV. II, LLC

740 CA 21-00252.

199 A.D.3d 1434 (2021)

158 N.Y.S.3d 487

2021 NY Slip Op 06486

Elizabeth Britt, Appellant, v. Northern Development II, LLC, et al., Respondents.

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

Decided November 19, 2021.

Attorney(s) appearing for the Case

CELLINO LAW, LLP, ROCHESTER ( ROBERT L. VOLTZ OF COUNSEL), FOR PLAINTIFF-APPELLANT.

VAHEY GETZ, LLP, ROCHESTER ( JARED K. COOK OF COUNSEL), FOR DEFENDANTS-RESPONDENTS NORTHERN DEVELOPMENT II, LLC AND RYCO

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

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying the motion of defendants Northern Development II, LLC and Ryco Management, LLC in part and reinstating the amended complaint against those defendants insofar as the amended complaint alleges that they had constructive notice of the allegedly dangerous condition and created that condition, and as modified the order and judgment is affirmed without costs.

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