December 17, 2008
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,
AMHERST PAVING, INC., ET AL. RESPONDENTS.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
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.
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