Carr v. Midtown Rochester Properties, LLC

Appeal from an order of the Supreme Court, Monroe County (Thomas A. Stander, J.), entered September 19, 2008 in a personal injury action. The order, insofar as appealed from, granted the motions of defendant and third-party defendant for summary judgment dismissing the complaint insofar as the complaint, as amplified by the bill of particulars, alleges that defendant had constructive notice of the allegedly dangerous condition.

It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motions are denied in part and the complaint is…