BECK v. CITY OF NIAGARA FALLS

Not in source.

201 A.D.3d 1313 (2022)

158 N.Y.S.3d 683

2022 NY Slip Op 00563

Daniel J. Beck et al., Respondents, v. City of Niagara Falls et al., Defendants, and Patriot Field Services, Inc., Appellant.

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

Decided January 28, 2022.


Attorney(s) appearing for the Case

SMITH SOVIK KENDRICK & SUGNET, P.C., SYRACUSE ( BRANDON R. KING OF COUNSEL), FOR DEFENDANT-APPELLANT.

FRANCIS M. LETRO , BUFFALO ( CAREY C. BEYER OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

Present—Peradotto, J.P., Carni, Lindley, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is reversed on the law without costs, the motion is granted, and the complaint and all cross claims against defendant Patriot Field Services, Inc. are dismissed.

Memorandum: Plaintiffs commenced this action seeking damages for injuries Daniel J. Beck (plaintiff) sustained when a steel beam fell on his foot. Plaintiff alleged that the beam fell when the forklift being used to transport it struck a defect in the surface...

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