LESTER v. FD CAPITAL, LLC

329 CA 23-00723.

2024 NY Slip Op 02640

OLIVIA LESTER, Plaintiff-Appellant, v. FD CAPITAL, LLC, Defendant-Respondent.

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

Decided May 10, 2024.


Attorney(s) appearing for the Case

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

KENNEY SHELTON LIPTAK NOWAK LLP, JAMESVILLE ( DANIEL K. CARTWRIGHT OF COUNSEL), FOR DEFENDANT-RESPONDENT.

PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, DELCONTE, AND HANNAH, JJ.


Appeal from an order of the Supreme Court, Monroe County (Gail Donofrio, J.), entered February 17, 2023. The order granted the motion of defendant for summary judgment dismissing the complaint.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the complaint to the extent that it alleges that defendant had constructive notice of the allegedly dangerous condition and as modified the...

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