Shaw v. Rosha Enterprises, Inc.

Appeal from an order of the Supreme Court, Allegany County (Thomas P. Brown, A.J.), entered September 10, 2013. The order, among other things, granted plaintiffs’ motion for partial summary judgment.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying plaintiffs’ motion, and as modified the order is affirmed without costs.

Memorandum: Plaintiffs commenced this action seeking monetary damages after a tractor-trailer owned by defendant and permissively operated by its employee crashed into a building that plaintiffs owned and operated as a roller…