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SCHULTZ v. TOWN OF WHEATFIELD

1262 CA 13-01046.

114 A.D.3d 1186 (2014)

979 N.Y.S.2d 743

2014 NY Slip Op 827

CRAIG M. SCHULTZ, Respondent, v. TOWN OF WHEATFIELD et al., Appellants.

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

Decided February 7, 2014.

Appeal from an order of the Supreme Court, Niagara County (Catherine R. Nugent Panepinto, J.), entered October 16, 2012. The order, inter alia, denied in part the motion of defendants for partial summary judgment and dismissed plaintiff's second, third and fifth causes of action.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion with respect to the third cause of action and dismissing

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