Conklin v. Travers
| Decision Date | 10 June 2015 |
| Docket Number | 2013-04290 |
| Citation | 10 N.Y.S.3d 609,2015 N.Y. Slip Op. 04802,129 A.D.3d 765 |
| Parties | Debra CONKLIN, etc., appellant, v. Ann TRAVERS, et al., defendants, Legends Harborside, Ltd., doing business as Legends Restaurant, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
129 A.D.3d 765
10 N.Y.S.3d 609
2015 N.Y. Slip Op. 04802
Debra CONKLIN, etc., appellant
v.
Ann TRAVERS, et al., defendants
Legends Harborside, Ltd., doing business as Legends Restaurant, et al., respondents.
2013-04290
Supreme Court, Appellate Division, Second Department, New York.
June 10, 2015.
Parker Waichman, LLP, Port Washington, N.Y. (Jay L.T. Breakstone, Brett A. Zekowski, and Gerard Ryan of counsel), for appellant.
Gallo Vitucci Klar LLP, New York, N.Y. (Chad E. Sjoquist of counsel), for respondents.
WILLIAM F. MASTRO, J.P., PETER B. SKELOS, THOMAS A. DICKERSON, and HECTOR D. LaSALLE, JJ.
Opinion
In an action, inter alia, to recover damages pursuant to General Obligations Law § 11–101, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Suffolk County (Rebolini, J.), dated March 6, 2013, as granted that branch of the motion of the defendants Legends Harborside, Ltd., doing business as Legends Restaurant, and Legends Restaurant which was for summary judgment dismissing the cause of action alleging a violation of General Obligations Law § 11–101 insofar as asserted against them.
ORDERED that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendants Legends Harborside, Ltd., doing business as Legends Restaurant, and Legends Restaurant which was for summary judgment dismissing the cause of action alleging a violation of General Obligations Law § 11–101 insofar as asserted against them is denied.
On the night of August 15, 2008, the plaintiff's decedent, Melissa Miller, while walking along a road in Cutchogue, sustained fatal injuries when she was struck by a vehicle operated by the defendant Ann Travers. The plaintiff, Miller's mother and the administrator of her estate, commenced this action against, among others, the defendants Legends Harborside, Ltd., doing business as Legends Restaurant, and Legends Restaurant (hereinafter
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