ACCADIA SITE CONTR., INC. v. TOWN OF PENDLETON

83 CA 22-00216.

214 A.D.3d 1325 (2023)

186 N.Y.S.3d 465

2023 NY Slip Op 01386

Accadia Site Contracting, Inc., Respondent, v. Town of Pendleton, Appellant.

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

Decided March 17, 2023.


Attorney(s) appearing for the Case

KENNEY SHELTON LIPTAK NOWAK LLP, BUFFALO ( DANIEL K. CARTWRIGHT OF COUNSEL), FOR DEFENDANT-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( SAMUEL L. YELLEN OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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


Appeal from an order of the Supreme Court, Niagara County (Timothy J. Walker, A.J.), entered January 27, 2022. The order denied the motion of defendant to dismiss the complaint and granted the cross motion of plaintiff for leave to file a late notice of claim.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, the complaint is dismissed, and the cross motion is denied.

Memorandum: Plaintiff...

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