BENSON v. CITY OF TONAWANDA

120 CA 13-00853.

114 A.D.3d 1262 (2014)

980 N.Y.S.2d 683

2014 NY Slip Op 1056

LINDA BENSON, Appellant, v. CITY OF TONAWANDA et al., Respondents.

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

Decided February 14, 2014.


Appeal from an order of the Supreme Court, Erie County (Michael L. D'Amico, A.J.), granted August 7, 2012 in a personal injury action. The order granted the motion of defendants for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the complaint, as amplified by the bill of particulars, insofar as it alleges that defendants created a dangerous...

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