Militello v. New Plan Realty Trust

Appeal from an order of the Supreme Court, Erie County (John F. O’Donnell, J.), entered February 4, 2004. The order, insofar as appealed from, denied in part the motion of defendant for summary judgment dismissing the amended complaint.

It is hereby ordered that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted in its entirety and the amended complaint is dismissed.

Memorandum: Plaintiff commenced this Labor Law and common-law negligence action arising from the death of Walter S. Serdin (decedent) by electrocution.…