Schosek v. Amherst Paving, Inc.

New York Court of Appeals

Schosek v. Amherst Paving, Inc.

901 N.E.2d 749, 11 N.Y.3d 882

CourtNew York Court of Appeals

DecidedDecember 17, 2008

StatusPublished

Cited by10 cases

This text of 901 N.E.2d 749 (Schosek v. Amherst Paving, Inc.) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schosek v. Amherst Paving, Inc., 901 N.E.2d 749, 11 N.Y.3d 882 (N.Y. 2008).

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Opinion

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.

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OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), 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.

Concur: Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones.

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Bluebook (online)

901 N.E.2d 749, 11 N.Y.3d 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schosek-v-amherst-paving-inc-ny-2008.

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