Appeal from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered November 6, 2020. The order denied the motion of defendant Patriot Field Services Inc. seeking summary judgment dismissing the complaint and all cross claims against it. Plaintiffs, Daniel and Debra Beck (the Becks), commenced this action by the filing of a Summons and Complaint in the Niagara County Clerk's office against Patriot Field Services, Inc. (Patriot Field), City of Niagara Falls (Niagara Falls), Niagara Falls Water Board (NFWB), Simfall, LLC.(Simfall), Mark E. Tompkins (Tompkins) and M&M Property Enterprises, Inc. (M&M) on September 24, 2015, for injuries Plaintiff Daniel Beck sustained while employed by National Maintenance Contracting Corp. (National Maintenance), as well as for damages suffered by Debra Beck (Daniel?s mother). The Becks allege a forklift Daniel Beck was walking next to on a public road (Simmons Avenue) rolled over a pothole, causing a steel I-beam on the forklift to fall on Daniel's foot. At the time of the incident, Patriot Field, M&M, and National Maintenance leased a commercial building owned by Tompkins at 560 56th Street, Niagara Falls, New York, which abuts Simmons Avenue, the unimproved public roadway where Daniel Beck sustained his injuries. The complaint alleges, among other things, that all named defendants were responsible for the design, layout, renovations, upkeep, maintenance, repair, guarding and warning of Simmons Avenue. Defendant Patriot Field Services Inc. moved for summary judgment dismissing the complaint and all cross-claims against it. The court denied the motion defendant Patriot Field appeals.
CPLR art 78 Proceeding Transferred by Order of
CPLR art 78 Proceeding Transferred by Order of
Sex Offender Registration Act
THOMAS MANNING LEITH | SUB | |
BRADLEY W. OASTLER | SUB |
Sex Offender Registration Act
JOHN J. MORRISSEY | SUB | |
ROBERT J. SHOEMAKER | SUB |
Murder
Driving While Ability Impaired
DEBORAH K. JESSEY | 5 | |
MATTHEW B. POWERS | 5 |
Habeas Corpus
DAVID J. PAJAK | 5 | |
SARAH L. ROSENBLUTH | 5 |
Custody
PETER J. DIGIORGIO, JR. | 10 | |
PAUL B. WATKINS | 10 | |
SCOTT A. OTIS | 10 |
Neglect
Neglect
TYLER B. BUGDEN | 10 | |
JOSEPH MATTHEW MARZOCCHI | 15 | |
CATHERINE M. SULLIVAN | 5 |
Dismiss Complaint
Summary Judgment
BRANDON R. KING | 15 | |
CAREY C. BEYER | 15 |
Summary Judgment
Dismiss Claims
Dismiss Complaint
MICHAEL J. ROULAN | 15 | |
ROBERT L. MULLIN | SUB |
Dismiss Complaint
Summary Judgment
RYAN K. CUMMINGS | SUB | |
AMBER E. STORR | SUB |
Summary Judgment
MEGHAN M. BROWN | 15 | |
EDWARD J. MARKARIAN | 15 |
Renewal
Arbitration
LAURIE A. VAHEY | 15 | |
KEVIN A. SZANYI | 20 |
Arbitration
Arbitration
Arbitration
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