Kovach v. McCollum

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered July 6, 2016. The order granted the motion of plaintiff for, inter alia, summary judgment dismissing the affirmative defense of culpable conduct on the part of plaintiff’s decedent, and denied the cross motion of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying that part of plaintiff’s motion with respect to the affirmative defense of culpable conduct on the part of plaintiff’s son and reinstating…