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BEAGLE v. CITY OF BUFFALO

918 CA 19-00309.

178 A.D.3d 1363 (2019)

2019 NY Slip Op 09126

Pauline A. Beagle, Respondent, v. City of Buffalo, Appellant, and John Gikas et al., Respondents, et al., Defendant.

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

Decided December 20, 2019.

Attorney(s) appearing for the Case

TIMOTHY A. BALL , CORPORATION COUNSEL, BUFFALO ( CHRISTOPHER POOLE OF COUNSEL), FOR DEFENDANT-APPELLANT.

CELLINO & BARNES, P.C., BUFFALO ( ELLEN B. STURM OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

BROWN & KELLY, LLP, BUFFALO ( KEVIN D. WALSH OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Carni, J.P., Lindley, DeJoseph, Curran and Winslow, JJ.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion and reinstating the amended complaint and any cross claims against defendants John Gikas, Sam Gikas, and Milkie's on Elmwood, Inc., and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action seeking damages for injuries she allegedly sustained when she tripped and fell on an allegedly defective sidewalk in defendant City...

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