BIALECKI v. HBO BLDRS. W., INC.

846 CA 22-00401.

221 A.D.3d 1573 (2023)

199 N.Y.S.3d 321

2023 NY Slip Op 05907

Michael Bialecki, Appellant, v. HBO Builders West, Inc., Respondent.

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

Decided November 17, 2023.


Attorney(s) appearing for the Case

RICHARD G. COLLINS , WILLIAMSVILLE, FOR PLAINTIFF-APPELLANT.

RUPP PFALZGRAF LLC, BUFFALO ( NOLAN M. HALE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Lindley, J.P., Montour, Greenwood and Nowak, JJ.


Appeal from an order of the Supreme Court, Cattaraugus County (Terrence M. Parker, A.J.), entered March 15, 2022. The order granted defendant's motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint is reinstated.

Memorandum: Plaintiff commenced this action to recover damages for injuries he sustained after he attempted...

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