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GIUSIANA v. CITY OF BUFFALO

450 CA 21-00277.

208 A.D.3d 1008 (2022)

173 N.Y.S.3d 379

2022 NY Slip Op 04850

Noah J. Giusiana, Respondent, v. City of Buffalo et al., Appellants/Third-Party Plaintiffs-Appellants. American Medical Response, Inc., Third-Party Defendant-Respondent-Appellant, et al., Third-Party Defendant. (Action No. 2.) Noah J. Giusiana, Respondent, v. American Medical Response, Inc., et al., Appellants. (Action No. 3.)

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

Decided August 4, 2022.

Attorney(s) appearing for the Case

TIMOTHY A. BALL , CORPORATION COUNSEL, BUFFALO ( WILLIAM P. MATHEWSON OF COUNSEL), FOR DEFENDANTS-APPELLANTS AND THIRD-PARTY PLAINTIFFS-APPELLANTS IN ACTION NO. 2.

PHELAN, PHELAN & DANEK, LLP, ALBANY ( TIMOTHY S. BRENNAN OF COUNSEL), FOR THIRD-PARTY DEFENDANT-RESPONDENT-APPELLANT IN ACTION NO. 2 AND DEFENDANTS-APPELLANTS IN ACTION NO. 3.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Whalen, P.J., Smith, Peradotto, Curran and Bannister, JJ.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiff commenced these related actions seeking damages for injuries arising from an incident that took place outside of a cinema in the City of Buffalo (City), which is a defendant and third-party plaintiff in action No. 2. Plaintiff and his brother, Jonah Giusiana, who is a third-party defendant in action No. 2, both of whom had been drinking on the evening...

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