Schlau v. City of Buffalo

Appeal from an order and judgment (one paper) of the Supreme Court, Erie County (Diane Y. Devlin, J.), entered February 17, 2011 in a personal injury action. The order and judgment, among other things, granted the motion of defendant Frey Electric Construction Co., Inc. for summary judgment dismissing the amended complaint and cross claims against it.

It is hereby ordered that the order and judgment so appealed from is unanimously modified on the law by denying the motion *1590of Frey Electric Construction Co., Inc. without prejudice and reinstating the amended complaint and cross claims against it…