Opinion
CA 03-01933.
Decided April 30, 2004.
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.
ALEXANDER CATALANO, LLC, SYRACUSE (JAMES L. DONIGAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.
SASSANI SCHENCK, P.C., LIVERPOOL (MICHAEL N. LIVINGSTON OF COUNSEL), FOR DEFENDANT-RESPONDENT FAIRMOUNT CARPET LINOLEUM, INC.
ROE, SCHANTZ IACONO, LIVERPOOL (MICHAEL P. MC CARTHY OF COUNSEL), FOR DEFENDANT-RESPONDENT ELDAN HOMES, INC.
Before: PRESENT: PIGOTT, JR., P.J., GREEN, PINE, WISNER, AND LAWTON, JJ.
MEMORANDUM AND ORDER
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 ([appeal No. 1] 6 A.D.3d 1226 [Apr. 30, 2004]).