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BAUER v. COUNTY OF ERIE

420 CA 19-00534.

187 A.D.3d 1626 (2020)

131 N.Y.S.3d 769

2020 NY Slip Op 05623

Judith L. Bauer, Individually and as Administrator of the Estate of David M. Deneke, Deceased, Appellant, v. County of Erie et al., Defendants, and Town of Cheektowaga et al., Respondents.

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

Decided October 9, 2020.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: On a morning in November 2014, shortly after defendant Town of Cheektowaga (Town) issued a travel ban due to a severe winter storm, David M. Deneke (decedent) was driving to work when his car became stuck in snow on a road in the Town and was thereafter rear-ended by a vehicle driven by defendant Steven Fortunato. Fortunato tried to help decedent free his car from...

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