Rollo v. Servico New York, 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 (John A. Michalek, J.), entered December 23, 2009 in a personal injury action. The order granted the motion of defendants for leave to renew their motion for summary judgment and, upon renewal, dismissed the complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion to dismiss the complaint and reinstating the complaint and as modified the order is affirmed without costs.
Memorandum: In December 2000 plaintiff allegedly fell and sustained injuries on defendants’ property.…
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