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FRISCIA v. VILLAGE OF GENESEO

113 CA 20-00642.

197 A.D.3d 848 (2021)

152 N.Y.S.3d 745

2021 NY Slip Op 04793

Dominic FRISCIA, Appellant, v. Village of Geneseo, Respondent.

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

Decided August 26, 2021.

Attorney(s) appearing for the Case

REFERMAT HURWITZ & DANIEL PLLC, ROCHESTER ( JOHN T. REFERMAT , OF COUNSEL), FOR PLAINTIFF-APPELLANT.

WEBSTER SZANYI LLP, BUFFALO ( D. CHARLES ROBERTS, JR. , OF COUNSEL) FOR DEFENDANT-RESPONDENT.

Present —Smith, J.P., Peradotto, Lindley, Troutman and DeJoseph, JJ.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying the motion in part and reinstating the second through fifth causes of action of the amended complaint and as modified the judgment is affirmed without costs.

Memorandum: In approximately June 2015, defendant, Village of Geneseo (Village), started a project to replace drainage pipes and repave Main Street. In order to complete the project, the Village obtained an easement...

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