Kaczmarski v. Ransier Development Corp.

Appeal from an order of the Supreme Court, Erie County (John A. Michalek, J.), entered February 3, 2003. The order granted defendants’ motion for summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying the motion in part and reinstating the complaint, as amplified by the bill of particulars, against defendant The Zaepfel-Krog Corporation to the extent that it is based on negligent construction and reinstating the derivative cause of action and as modified the…