Sierk v. Frazon

Appellate Division of the Supreme Court of New York

Sierk v. Frazon

32 A.D.3d 1152, 820 N.Y.S.2d 829

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

DecidedSeptember 22, 2006

DocketAppeal No. 3

StatusPublished

This text of 32 A.D.3d 1152 (Sierk v. Frazon) 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

Sierk v. Frazon, 32 A.D.3d 1152, 820 N.Y.S.2d 829 (N.Y. Ct. App. 2006).

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Opinion

Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered November 16, 2005 in a personal injury action. The order, inter alia, granted the motions of defendants Capital Paving & Development, Inc., Gordon Jaeckle and BAC Killiam, Inc., the cross motion of defendant M.P.J. Contracting, Inc. and the application of defendants Peter F. Frazon, Jr. and Sherri A. Beras for summary judgment dismissing the amended complaint against them.

It is hereby ordered that the order so appealed from be and [1153]*1153the same hereby is unanimously modified on the law by denying in part the motion of defendants Capital Paving & Development, Inc. and Gordon Jaeckle, the cross motion of defendant M.P.J. Contracting, Inc. and the application of defendants Peter F. Frazon, Jr. and Sherri A. Beras and reinstating the negligence cause of action against them and as modified the order is affirmed without costs.

Same memorandum as in Sierk v Frazon (32 AD3d 1153 [2006]). Present — Pigott, Jr., PJ., Hurlbutt, Scudder, Smith and Pine, JJ.

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Appeal from an order of the Supreme Court, Erie County (Joseph G. Makowski, J.), entered November 16, 2005 in a personal injury action. The order, inter alia, granted the motions of defendants Capital Paving & Development, Inc., Gordon Jaeckle and BAC Killiam, Inc., the cross motion of defendant M.P.J. Contracting, Inc. and the application of defendants Peter F. Frazon, Jr. and Sherri A. Beras for summary judgment dismissing the amended complaint against them.

It is hereby ordered that the order so appealed from be and [1153]*1153the same hereby is unanimously modified on the law by denying in part the motion of defendants Capital Paving & Development, Inc. and Gordon Jaeckle, the cross motion of defendant M.P.J. Contracting, Inc. and the application of defendants Peter F. Frazon, Jr. and Sherri A. Beras and reinstating the negligence cause of action against them and as modified the order is affirmed without costs.

Same memorandum as in Sierk v Frazon (32 AD3d 1153 [2006]). Present — Pigott, Jr., PJ., Hurlbutt, Scudder, Smith and Pine, JJ.

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Bluebook (online)

32 A.D.3d 1152, 820 N.Y.S.2d 829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sierk-v-frazon-nyappdiv-2006.

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