Catherman v. Bryerton

Appellate Division of the Supreme Court of New York

Catherman v. Bryerton

6 A.D.3d 1227, 775 N.Y.S.2d 747, 2004 N.Y. App. Div. LEXIS 6276

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 30, 2004

DocketAppeal No. 2

StatusPublished

This text of 6 A.D.3d 1227 (Catherman v. Bryerton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Catherman v. Bryerton, 6 A.D.3d 1227, 775 N.Y.S.2d 747, 2004 N.Y. App. Div. LEXIS 6276 (N.Y. Ct. App. 2004).

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Opinion

Appeal from an order and judgment (one document) of the Supreme Court, Oswego County (Robert J. Nicholson, J.), entered June 18, 2003. The order and judgment granted the motion of defendant Eldan Homes, Inc. and cross motion of defendant Fairmont Carpet & Linoleum, Inc. for summary judgment dismissing the complaint against them in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in part the motion of defendant Eldan Homes, Inc. and cross motion of defendant Fairmount Carpet & Linoleum, Inc. and reinstating the common-law negligence and derivative causes of action against them and as modified the order is affirmed with costs to plaintiffs.

Same memorandum as in Catherman v Bryerton (6 AD3d 1226 [2004]). Present—Pigott, Jr., P.J., Green, Pine, Wisner and Lawton, JJ.

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Appeal from an order and judgment (one document) of the Supreme Court, Oswego County (Robert J. Nicholson, J.), entered June 18, 2003. The order and judgment granted the motion of defendant Eldan Homes, Inc. and cross motion of defendant Fairmont Carpet & Linoleum, Inc. for summary judgment dismissing the complaint against them in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously modified on the law by denying in part the motion of defendant Eldan Homes, Inc. and cross motion of defendant Fairmount Carpet & Linoleum, Inc. and reinstating the common-law negligence and derivative causes of action against them and as modified the order is affirmed with costs to plaintiffs.

Same memorandum as in Catherman v Bryerton (6 AD3d 1226 [2004]). Present—Pigott, Jr., P.J., Green, Pine, Wisner and Lawton, JJ.

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Bluebook (online)

6 A.D.3d 1227, 775 N.Y.S.2d 747, 2004 N.Y. App. Div. LEXIS 6276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/catherman-v-bryerton-nyappdiv-2004.

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