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MICHELLE H. v. BUFFALO EDGE, LLC

890 CA 20-01483.

199 A.D.3d 1459 (2021)

154 N.Y.S.3d 623

2021 NY Slip Op 06503

Michelle H., Individually and as Parent and Natural Guardian of AJ, Appellant, v. Buffalo Edge, LLC, et al., Respondents, et al., Defendants.

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

Decided November 19, 2021.

Attorney(s) appearing for the Case

FEROLETO LAW, BUFFALO ( JOHN FEROLETO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

WALSH, ROBERTS & GRACE, BUFFALO ( JOSEPH H. EMMINGER, JR. , OF COUNSEL), FOR DEFENDANT-RESPONDENT BUFFALO EDGE, LLC.

BOUVIER LAW, LLP, BUFFALO ( NORMAN E.S. GREENE OF COUNSEL), FOR DEFENDANT-RESPONDENT BNYP PROPERTIES, LLC.

TREVETT CRISTO P.C., ROCHESTER ( ERIC M. DOLAN OF COUNSEL), FOR DEFENDANTS-RESPONDENTS BNYP, LLC AND BNYP MAINTENANCE, LLC.

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

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motions of defendants Buffalo Edge, LLC and BNYP Properties, LLC and the cross motion of defendants BNYP Maintenance, LLC and BNYP, LLC and reinstating the complaint and cross claims against those defendants, and as modified the order is affirmed without costs.

Memorandum: In this negligence action, plaintiff appeals from an order that denied her cross motion for...

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