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PAPAJ v. COUNTY OF ERIE

905 CA 21-01201.

211 A.D.3d 1617 (2022)

178 N.Y.S.3d 719

2022 NY Slip Op 07384

Donald Papaj, Individually and as Appointed Agent and Attorney in Fact on Behalf of Dana Papaj, a Person under Disability, Appellant-Respondent, v. County of Erie et al., Respondents, and Edward J. Kuebler, III, et al., Respondents-Appellants, et al., Defendants.

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

Decided December 23, 2022.

Attorney(s) appearing for the Case

HOGANWILLIG, PLLC, AMHERST ( RYAN C. JOHNSEN OF COUNSEL), FOR PLAINTIFF-APPELLANT-RESPONDENT.

PILLINGER MILLER TARALLO, LLP, SYRACUSE ( MARIA T. MASTRIANO , OF COUNSEL), FOR DEFENDANTS-RESPONDENTS-APPELLANTS.

LIPPES MATHIAS LLP, BUFFALO ( JAMES P. BLENK OF COUNSEL), FOR DEFENDANT-RESPONDENT COUNTY OF ERIE.

GOLDBERG SEGALLA LLP, BUFFALO ( MEGHAN M. BROWN OF COUNSEL), FOR DEFENDANT-RESPONDENT TOWN OF GRAND ISLAND.

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

Appeal and cross appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered July 23, 2021. The order, among other things, granted the motions of defendants County of Erie, Town of Grand Island, and Michelle L. Kuebler for summary judgment dismissing the complaint and all cross claims against them.

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

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