Wolf v. Steer

Appeal from an order of the Supreme Court, Erie County (David J. Mahoney, J.), entered October 29, 2004 in a personal injury action. The order denied defendants’ motion for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by granting the motion in part and dismissing the complaint, as amplified by the bill of particulars, insofar as it alleges that defendants had actual or constructive notice of the allegedly dangerous condition and as modified the order is affirmed without costs.

Memorandum:…