McGrath v. Bruce Builders, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered April 7, 2006 in a personal injury action. The order denied the motion of defendant Bruce Builders, Inc. for dismissal of the complaint against it or, in the alternative, for summary judgment dismissing the complaint against it.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint against defendant Bruce Builders, Inc. is dismissed.
Memorandum:
Plaintiff Donald E. McGrath was injured when he tripped…
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