Schilling v. Malark

Appeal from that part of an order of Supreme Court, Erie County (Rath, Jr., J.), entered March 5, 2002, that granted the motion of defendant Accadia Enterprises, Inc. seeking summary judgment dismissing the complaint and cross claims against it.

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 denied and the complaint and cross claims against defendant Accadia Enterprises, Inc. are reinstated.

Memorandum: Supreme Court erred in granting the motion of Accadia Enterprises, Inc. (defendant) seeking…