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LASTOWSKI v. V.S. VIRKLER & SON, INC.

64 A.D.3d 1159 (2009)

883 N.Y.S.2d 675

MATTHEW J. LASTOWSKI, Appellant, v. V.S. VIRKLER & SON, INC., et al., Respondents, et al., Defendant. V.S. VIRKLER & SON, INC., Third-Party Plaintiff, v. HOOPER CORPORATION, Third-Party Defendant-Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

Decided July 2, 2009.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying in part the motion of defendant V.S. Virkler & Son, Inc. and reinstating the complaint against it insofar as the complaint alleges that defendant V.S. Virkler & Son, Inc. was negligent in creating a dangerous condition on Whittaker Road by depositing or failing to remove stone dust and reinstating the cross claim of third-party defendant against it and as modified the...

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