JONES v. CARROLL

856 CA 14-00282

122 A.D.3d 1234 (2014)

996 N.Y.S.2d 804

2014 NY Slip Op 07780

CAROL L. JONES, as Executor of DONALD J. JONES, et al., Respondents, v. TOWN OF CARROLL et al., Appellants.

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

Decided November 14, 2014.


Appeal from a judgment (denominated order and judgment) of the Supreme Court, Chautauqua County (James H. Dillon, J.), entered May 17, 2013. The judgment, inter alia, granted plaintiffs' motion to renew their motion for summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the motion and vacating the declaration and as modified the judgment is affirmed without costs and the matter is remitted to Supreme...

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