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ZIBBON v. TN. OF CHEEKTOWAGA

51 A.D.2d 448 (1976)

Michael Zibbon, as Administrator of The Estate of William A. Deyo, Jr., Deceased, Appellant, v. Town of Cheektowaga, Respondent Michael Zibbon, as Administrator of The Estate of Michele Z. Deyo, Deceased, Appellant, v. Town of Cheektowaga, Respondent

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

April 9, 1976

Attorney(s) appearing for the Case

Brown, Kelly, Turner, Hassett & Leach (Roger A. Olson of counsel), for Michael Zibbon, as administrator of the estate of William Deyo, Jr., deceased, appellant.

Michaels, Michaels & Wineburg (Lee Michaels of counsel), for Michael Zibbon, as administrator of the estate of Michele Deyo, deceased, appellant.

Miles, Cochrane, Grosse & Rossetti (Raymond Miles of counsel), for respondent.

MARSH, P.J., and GOLDMAN, J., concur with CARDAMONE, J.; SIMONS and MAHONEY, JJ., dissent and vote to affirm the order in an opinion by SIMONS, J.

CARDAMONE, J.

Plaintiff appeals from an order of Special Term, Erie County which granted summary judgment to defendant Town of Cheektowaga and dismissed the complaint in two actions for wrongful death. These actions were commenced by William Zibbon in his capacity as the administrator of the estates of both William and Michelle Deyo against the Town of Cheektowaga. The decedents were shot to death by Andrew J...

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