Tucker v. Coca-Cola Bottling Co. of Buffalo, Inc.

—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Defendants Coca-Cola Bottling Company of Buffalo, *820Inc. (Coca-Cola), Allentown Village Society, Inc. (AVS), City of Buffalo (City) and M. Passucci, Inc., formerly known as M. Passucci General Construction, Inc. (Passucci), appeal from Supreme Court’s denial of their respective motions for summary judgment. Because triable issues of fact are presented, the court properly denied the motions of Coca-Cola, AVS and the City. The court erred, however, in denying Passucci’s…