This opinion is uncorrected and subject to revision before publication in the Official Reports.
2008 NY Slip Op 09858
Decided on December 17, 2008
No. 223 SSM 45
Todd Schosek, as Administrator of the Estate of Jesse J. Schosek, Deceased, and Kelly Schosek, as Administrator of the Estate of Carol L. Schosek, Deceased, Appellants,
v
Amherst Paving, Inc., et al. Respondents.
Submitted by Michael L. Kobiolka, for appellant Todd
Schosek.
Submitted by Michael G. Cooper, for appellant Kelly
Schosek.
Submitted by Brian MacDonald, for respondent
Amherst Paving, Inc.
On review of submissions pursuant to section 500.11 of the Rules, order, insofar as appealed from, reversed, with costs, and that part of defendant Amherst Paving, Inc.'s motion that sought summary judgment dismissing the complaint against it denied. A triable issue of fact exists as to whether Amherst Paving created or exacerbated a dangerous condition. Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
Decided December 17, 2008