SWENEY v. COUNTY OF NIAGARA

1240 CA 14-00275

122 A.D.3d 1432 (2014)

997 N.Y.S.2d 886

2014 NY Slip Op 08196

JERRY SWENEY, Respondent, v. COUNTY OF NIAGARA et al., Appellants. COUNTY OF NIAGARA, Third-Party Plaintiff-Respondent, v. INTER-COMMUNITY MEMORIAL HOSPITAL OF NEWFANE, INC. et al., Third-Party Defendants-Appellants.

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

Decided November 21, 2014.


Appeals from an order of the Supreme Court, Niagara County (Ralph A. Boniello, III, J.), entered December 6, 2013. The order denied the motion of third-party defendants for summary judgment and denied the cross motion of defendants for summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion and cross motion are granted, and the complaint and third-party complaint are dismissed.

Memorandum...

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