WALKER v. TOWN OF WEBSTER

528 CA 20-01541.

197 A.D.3d 942 (2021)

153 N.Y.S.3d 322

2021 NY Slip Op 04839

Christopher W. Walker, Appellant, v. Town of Webster et al., Defendants, and David J. Osborn, Respondent.

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

Decided August 26, 2021.


Attorney(s) appearing for the Case

MICHAEL STEINBERG , ROCHESTER, FOR PLAINTIFF-APPELLANT.

LAW OFFICE OF KEITH D. MILLER, LIVERPOOL ( KEITH D. MILLER OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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


It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is denied, and the complaint and all cross claims are reinstated against defendant David J. Osborn.

Memorandum: In this personal injury action arising from a motor vehicle collision, plaintiff appeals from an order granting the motion of defendant David J. Osborn for summary judgment dismissing the complaint and all cross claims against him. This action...

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