SIGNOR v. CITY OF ROCHESTER


73 A.D.2d 837 (1979)

George Signor, Respondent, v. City of Rochester et al., Appellants

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

December 21, 1979


Order reversed, without costs, motion granted and complaint dismissed.

Memorandum:

Special Term erred in denying defendant's motion for summary judgment because of plaintiff's failure to demonstrate the existence of any triable issue of fact (CPLR 3212). Plaintiff, a retired police officer of the City of Rochester, alleges in an unverified complaint that he suffered "heart attacks during the performance of his duties or as a result of the performance of his...

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