Kelley v. Weaver Corp.

Appellate Division of the Supreme Court of New York

Kelley v. Weaver Corp.

237 A.D.2d 991, 656 N.Y.S.2d 981, 1997 N.Y. App. Div. LEXIS 3669

Appellate Division of the Supreme Court of the State of New York·Decided March 14, 1997·Published·Cited by 1 cases

Opinion

Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of the August Trust for summary judgment dismissing the negligence and Labor Law § 200 causes of action. There are triable issues of fact whether the August Trust exercised control over the Monro Muffler premises and/or were chargeable with actual or constructive notice of the alleged dangerous condition of the overhead hydraulic lift. (Appeal from Order of Supreme Court, Onondaga County, Hayes, J.—Summary Judgment.) Present—Green, J. P., Callahan, Doerr and Balio, JJ.

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Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied the motion of the August Trust for summary judgment dismissing the negligence and Labor Law § 200 causes of action. There are triable issues of fact whether the August Trust exercised control over the Monro Muffler premises and/or were chargeable with actual or constructive notice of the alleged dangerous condition of the overhead hydraulic lift. (Appeal from Order of Supreme Court, Onondaga County, Hayes, J.—Summary Judgment.) Present—Green, J. P., Callahan, Doerr and Balio, JJ.

Kelley v. Weaver Corp., 237 A.D.2d 991, 656 N.Y.S.2d 981, 1997 N.Y. App. Div. LEXIS 3669 (N.Y. Ct. App. 1997).

Pincite

237 A.D.2d 991 (Kelley v. Weaver Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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