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GARCIA v. TOWN OF TONAWANDA

710 CA 21-00911.

210 A.D.3d 1483 (2022)

179 N.Y.S.3d 501

2022 NY Slip Op 06584

Osvaldo Garcia, Appellant, v. Town of Tonawanda et al., Respondents.

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

Decided November 18, 2022.

Attorney(s) appearing for the Case

CAMPBELL & ASSOCIATES, HAMBURG ( JOHN T. RYAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.

COLUCCI & GALLAHER, P.C., BUFFALO ( RYAN L. GELLMAN OF COUNSEL), FOR DEFENDANT-RESPONDENT TOWN OF TONAWANDA.

MICHAEL A. SIRAGUSA , COUNTY ATTORNEY, BUFFALO ( KENNETH R. KIRBY , OF COUNSEL), FOR DEFENDANT-RESPONDENT COUNTY OF ERIE.

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

Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered June 2, 2021. The order granted the motions of defendants Town of Tonawanda and County of Erie for summary judgment and dismissed the complaint and all cross claims.

It is hereby ordered that the order so appealed from is unanimously modified on the law and in the exercise of discretion by denying the motion of defendant Town of Tonawanda and reinstating the complaint against it...

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