LANDA v. POLONCARZ

497 CA 21-00842.

207 A.D.3d 1207 (2022)

171 N.Y.S.3d 685

2022 NY Slip Op 04490

Judith Landa, Respondent, v. Mark Poloncarz, Erie County Executive, Appellant.

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

Decided July 8, 2022.


Attorney(s) appearing for the Case

HODGSON RUSS LLP, BUFFALO ( RYAN K. CUMMINGS OF COUNSEL), FOR DEFENDANT-APPELLANT.

ZEICHNER ELLMAN & KRAUSE LLP, NEW YORK CITY ( J. DAVID MORRISSY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Lindley, J.P., NeMoyer, Curran, Winslow and Bannister, JJ.


It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of the motion seeking to dismiss the first through fourth causes of action for failure to comply with General Municipal Law § 50-h and dismissing those causes of action without prejudice, and as modified the order is affirmed without costs.

Memorandum: In this action seeking, inter alia, damages arising from alleged defamatory statements made by defendant...

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