Quigley v. Burnette

Appeal from an order of the Supreme Court, Wayne County (John B. Nesbitt, A.J.), entered June 27, 2011. The order denied the motion of defendant for summary judgment.

*1378It 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 to the extent that the complaint, as amplified by the bill of particulars, alleges that defendant had actual notice of the allegedly dangerous condition and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries that he…