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LOBIANCO v. CITY OF NIAGARA FALLS

1032 CA 21-01715.

213 A.D.3d 1341 (2023)

184 N.Y.S.3d 504

2023 NY Slip Op 00787

William Lobianco, Appellant, v. City of Niagara Falls et al., Defendants, and Niagara Falls Water Board et al., Respondents.

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

Decided February 10, 2023.

Attorney(s) appearing for the Case

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

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( KEVIN J. FEDERATION OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Peradotto, Bannister, Montour and Ogden, JJ.

Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered November 9, 2021. The order granted the motion of defendants Niagara Falls Water Board and Niagara Falls Public Water Authority for summary judgment and dismissed the complaint and all cross claims against said defendants.

It is hereby ordered that the order so appealed from is unanimously modified on the law by denying the motion in part and reinstating the complaint...

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