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MARINACCIO v. TOWN OF CLARENCE

CA 11-01638.

2011 NY Slip Op 09690

PAUL MARINACCIO, SR., PLAINTIFF-RESPONDENT, v. TOWN OF CLARENCE, DEFENDANT, AND KIEFFER ENTERPRISES, INC., DEFENDANT-APPELLANT. (APPEAL NO. 2.).

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

GOLDBERG SEGALLA LLP, BUFFALO, PHILLIPS LYTLE LLP ( MICHAEL B. POWERS OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOSEPH J. MANNA OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: SCUDDER, P.J., CENTRA, FAHEY, PERADOTTO, AND LINDLEY, JJ.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by providing that the opposing papers and reply papers with respect to plaintiff's motion in limine seeking to preclude the testimony of an appraisal expert for defendant Town of Clarence and the order determining that motion shall be included in the record on appeal in appeal No. 1 and as modified the order is affirmed without costs.

Same Memorandum as in Marinaccio v Town...

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