HUNTER v. Rochester Gas and Electric Corporation, Defendant-Appellant. (2006)

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

Lemar HUNTER, Plaintiff-Respondent, v. Judith GALLAND, et al., Defendants, Rochester Gas and Electric Corporation, Defendant-Appellant.

Decided: December 22, 2006

PRESENT: HURLBUTT, A.P.J., MARTOCHE, CENTRA, AND PINE, JJ.

Rupp, Baase, Pfalzgraf, Cunningham & Coppola LLC, Buffalo (Matthew A. Lenhard of Counsel), for Defendant-Appellant. Law Offices of Van Henri White, Rochester (Van Henri White of Counsel), for Plaintiff-Respondent.

Plaintiff commenced this action seeking damages for injuries he sustained when he was attacked by dogs while at a residence to read the utility meters. Plaintiff's employer, FieldTech, had a contract with defendant Rochester Gas and Electric Corporation (RG & E), under which FieldTech's employees would read RG & E's meters. Plaintiff alleges that RG & E was negligent in failing to inform him, via the hand-held computer it furnished him for his meter reading duties, of the presence of dangerous dogs at the subject premises. Supreme Court erred in granting that part of plaintiff's motion seeking partial summary judgment on liability against RG & E. Plaintiff's motion submissions demonstrate that there are triable issues of fact whether RG & E was negligent and, if so, whether any such negligence was a proximate cause of plaintiff's injuries.

It is hereby ORDERED that the order insofar as appealed from be and the same hereby is unanimously reversed on the law without costs and that part of the motion for partial summary judgment against defendant Rochester Gas and Electric Corporation is denied.

MEMORANDUM:

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