Schosek v Amherst Paving, Inc. (2008 NY Slip Op 09858)

Schosek v Amherst Paving, Inc.

2008 NY Slip Op 09858 [11 NY3d 882]

December 17, 2008

Court of Appeals

As corrected through Wednesday, March 4, 2009

[*1]

Todd Schosek, as Administrator of the Estate of Jesse J. Schosek, Deceased, et al., Appellants,
v
Amherst Paving, Inc., et al., Respondents.

Decided December 17, 2008

Schosek v Amherst Paving, Inc., 53 AD3d 1037, reversed.

APPEARANCES OF COUNSEL

Michael L. Kobiolka, Eden, for Todd Schosek, appellant.

Michael G. Cooper, Hamburg, for Kelly Schosek, appellant.

Kenney Shelton Liptak Nowak LLP, Buffalo (Brian MacDonald of counsel), for Amherst Paving, Inc., respondent.

{**11 NY3d at 883} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, reversed, with costs, and that part of defendant Amherst Paving, Inc.'s motion that sought summary judgment dismissing the complaint against it denied. A triable issue of fact exists as to whether Amherst Paving created or exacerbated a dangerous condition.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.