Schosek v. Amherst Paving, Inc.

Fahey and Gorski, JJ. (dissenting in part).

We respectfully dissent in part and would modify the order by denying that part of the motion of defendant Amherst Paving, Inc. (Amherst Paving) seeking summary judgment dismissing “the action” against it. In our view, Amherst Paving failed to establish as a matter of law that it did not owe plaintiffs’ decedents a duty of care. As noted by the majority, the accident occurred after Amherst Paving began to repave the subject roadway but before it had completed the repaving. When defendant County of Erie (County) interrupted Amherst Paving’s repaving…