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VICKI v. CITY OF NIAGARA FALLS

946 CA 21-01435.

215 A.D.3d 1285 (2023)

189 N.Y.S.3d 332

2023 NY Slip Op 02260

Stephen D. Vicki et al., Respondents, v. City of Niagara Falls et al., Defendants, and Niagara Falls Water Board et al., Appellants.

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

Decided April 28, 2023.

Attorney(s) appearing for the Case

BURDEN, HAFNER & HANSEN, LLC, BUFFALO ( PHYLISS A. HAFNER , OF COUNSEL) FOR DEFENDANTS-APPELLANTS.

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

Present— Peradotto, J.P., Lindley, Curran, Bannister and Montour, JJ.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered September 21, 2021. The order, among other things, denied in part the motion of defendants Niagara Falls Water Board, Niagara Falls Public Water Authority and Niagara Mohawk Power Corporation, doing business as National Grid, for summary judgment dismissing plaintiffs' amended complaint against them.

It is hereby ordered that the order so appealed from is unanimously modified on...

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