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GREGORY v. CAVARELLO

957 CA 17-00216.

2017 NY Slip Op 07791

SARAH J. GREGORY AND BRIAN C. GREGORY, Plaintiffs-Respondents, v. STEVEN R. CAVARELLO, Defendant, NATIONAL FUEL GAS DISTRIBUTION CORP., MUNICIPAL PIPE CO., LLC, AND CITY OF BUFFALO, Defendants-Appellants.

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

Decided November 9, 2017.

Attorney(s) appearing for the Case

GOLDBERG SEGALLA LLP, BUFFALO ( MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANTS-APPELLANTS NATIONAL FUEL GAS DISTRIBUTION CORP. AND MUNICIPAL PIPE CO., LLC.

TIMOTHY A. BALL , CORPORATION COUNSEL, BUFFALO ( DAVID M. LEE OF COUNSEL), FOR DEFENDANT-APPELLANT CITY OF BUFFALO.

STEVE BOYD, P.C., WILLIAMSVILLE, D.J. & J.A. CIRANDO, ESQS., SYRACUSE ( JOHN A. CIRANDO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

PRESENT: WHALEN, P.J., SMITH, CENTRA, AND CARNI, JJ.

It is hereby ORDERED that the order insofar as appealed from is unanimously reversed on the law without costs, the motions of defendants-appellants are granted and the second amended complaint and cross claims against them are dismissed.

Memorandum:

Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Sarah J. Gregory (plaintiff) when, as a pedestrian on a street in defendant City of Buffalo (City), she was struck by a motor...

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