Seivert v. Kingpin Enterprises, 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 (Frank A. Sedita, Jr., J.), entered October 19, 2007 in a personal injury action. The order denied defendant’s motion for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the complaint, as amplified by the bill of particulars, insofar as the complaint may be deemed to allege that defendant had actual notice of the alleged defect and as modified the order is affirmed without costs.
Memorandum: Plaintiffs commenced…
2Cases cited8 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Trincere v. County of SuffolkNew York Court of Appeals · 1997
- Orcutt v. American Linen Supply Co.Appellate Division of the Supreme Court of the State of New York · 1995
- Quinn v. Holiday Health & Fitness Centers of New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2005
- Nin v. BernardAppellate Division of the Supreme Court of the State of New York · 1999
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