MALVESTUTO v. TOWN OF LANCASTER

1025 CA 20-01585.

201 A.D.3d 1339 (2022)

2022 NY Slip Op 00577

Robert Malvestuto, Jr., et al., Respondents-Appellants, v. Town of Lancaster, Appellant-Respondent.

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

Decided January 28, 2022.


Attorney(s) appearing for the Case

LAW OFFICES OF JOHN WALLACE, BUFFALO ( NANCY A. LONG OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT.

DOLCE FIRM, BUFFALO ( JONATHAN M. GORSKI OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.

Present—Smith, J.P., Carni, NeMoyer, Curran and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by denying those parts of plaintiffs' motion for summary judgment on the issue of liability on the second and third causes of action and on the issue of comparative negligence, denying that part of defendant's cross motion for summary judgment dismissing the first cause of action and reinstating that cause of action, and as modified the order is affirmed without costs.

Memorandum...

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