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VANYO v. BUFFALO POLICE BENEVOLENT ASSOCIATION, INC.

No. 99.

34 N.Y.3d 1104 (2019)

140 N.E.3d 538

117 N.Y.S.3d 164

2019 NY Slip Op 08980

ANN VANYO, Appellant, v. BUFFALO POLICE BENEVOLENT ASSOCIATION, INC., et al., Respondents.

Court of Appeals of New York.

Decided December 17, 2019.

Attorney(s) appearing for the Case

Rupp Baase Pfalzgraf Cunningham LLC, Buffalo ( Phillip A. Oswald of counsel), and James Ostrowski , Buffalo, for appellant.

Creighton, Johnsen & Giroux, Buffalo ( Catherine Creighton and Ian Hayes of counsel), for Buffalo Police Benevolent Association, Inc., respondent.

Timothy A. Ball , Corporation Counsel, Buffalo ( David M. Lee of counsel), for City of Buffalo, respondent.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division insofar as appealed from should be modified, without costs, in accordance with this memorandum and, as so modified, affirmed.

While recognizing that this case presents a unique procedural posture, we nevertheless conclude that plaintiff's first and second causes of action should be reinstated. Those claims, asserted in identical form...

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