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FARRUGGIA v. TOWN OF PENFIELD

201 CA 13-01562.

119 A.D.3d 1320 (2014)

989 N.Y.S.2d 715

2014 NY Slip Op 5057

GAETANO FARRUGGIA et al., Respondents-Appellants, v. TOWN OF PENFIELD, Appellant-Respondent, and KENNETH HERSHEY et al., Respondents.

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

Decided July 3, 2014.

Appeal and cross appeal from an order of the Supreme Court, Monroe County (John J. Ark, J.), entered April 3, 2013. The order, among other things, denied the motion of defendant Town of Penfield for summary judgment and granted the motion of defendants Kenneth Hershey and Suzanne Hershey for summary judgment.

It is hereby ordered that the order so appealed from is modified on the law by granting the motion of defendant Town of Penfield and dismissing the complaint...

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