SZUBA v. CITY OF BUFFALO

901 CA 20-00031.

193 A.D.3d 1386 (2021)

147 N.Y.S.3d 785

2021 NY Slip Op 02685

David Szuba et al., Appellants, v. City of Buffalo, Respondent.

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

Decided April 30, 2021.


Attorney(s) appearing for the Case

LOTEMPIO P.C. LAW GROUP, BUFFALO ( BOYD L. EARL OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

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

Present—Smith, J.P., Carni, Troutman, Winslow and DeJoseph, JJ.


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

Memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by David Szuba (plaintiff) when he allegedly slipped and fell on an ice-filled pothole on a street in defendant, City of Buffalo. Defendant moved for summary judgment dismissing the amended complaint, and Supreme Court granted defendant's motion. We affirm.

"Where, as here, a municipality...

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