BARSKI v. TOWN OF AURELIUS

NO. 16-01212, 65

147 A.D.3d 1483 (2017)

48 N.Y.S.3d 568

2017 NY Slip Op 01061

ERINN BARSKI et al., Appellants, v. TOWN OF AURELIUS, Respondent.

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

Decided February 10, 2017.


Appeal from an order of the Supreme Court, Cayuga County (Mark H. Fandrich, A.J.), entered September 9, 2015. The order granted defendant's motion to dismiss plaintiffs' amended complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying defendant's motion in part and reinstating the first cause of action and as modified the order is affirmed without costs.

Memorandum: The individual plaintiffs, the owners...

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