Robertson v. Amherst Paving, Inc.

Appeal from an order of Supreme Court, Erie County (Notaro, J.), entered May 30, 2002, which denied defendant’s motion seeking summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Ann Robertson (plaintiff) when she fell in her employer’s parking lot in February 1996. It is undisputed that defendant paved the parking lot in May 1995 and applied a sealer to the parking lot in July 1995. Plaintiffs allege…