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JULIUS v. COUNTY OF ERIE

374 CA 20-01041.

196 A.D.3d 1058 (2021)

147 N.Y.S.3d 488

2021 NY Slip Op 04302

Michael Julius et al., Appellants, v. County of Erie, Respondent.

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

Decided July 9, 2021.

Attorney(s) appearing for the Case

RICHARD S. BINKO , CHEEKTOWAGA, MAGAVERN MAGAVERN GRIMM LLP, BUFFALO ( EDWARD J. MARKARIAN OF COUNSEL), FOR PLAINTIFFS-APPELLANTS.

FELDMAN KIEFFER, LLP, BUFFALO ( ADAM C. FERRANDINO OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Centra, J.P., Peradotto, Troutman, Winslow and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the complaint is reinstated, and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Plaintiffs commenced this action seeking damages for injuries sustained by Michael Julius (plaintiff) while he was delivering a package to the Erie County Holding Center (Holding Center). Defendant moved for summary judgment...

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