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BECK v. CITY OF NIAGARA FALLS

Motion No. (1461/18) CA 18-01324.

171 A.D.3d 1573 (2019)

97 N.Y.S.3d 546

2019 NY Slip Op 03262

Daniel J. Beck et al., Respondents, v. City of Niagara Falls et al., Defendants, and Niagara Falls Water Board, Appellant.

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

Decided April 26, 2019.

Motion for reargument be and the same hereby is granted to the extent that, upon reargument, the memorandum and order entered February 8, 2019 (169 A.D.3d 1528 [2019]) is amended by deleting the third sentence of the memorandum and substituting the following sentence: "Plaintiffs allege that the Niagara Falls Water Board (defendant) was responsible for the care and maintenance of the area on Simmons Avenue where the incident is alleged...

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