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MARINACCIO v. TOWN OF CLARENCE

964 CA 21-01323.

215 A.D.3d 1289 (2023)

189 N.Y.S.3d 329

2023 NY Slip Op 02261

Paul Marinaccio, Sr., Respondent, v. Town of Clarence, Appellant.

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

Decided April 28, 2023.

Attorney(s) appearing for the Case

WEBSTER SZANYI LLP, BUFFALO ( MICHAEL P. McCLAREN , OF COUNSEL) FOR DEFENDANT-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( R. ANTHONY RUPP, III , OF COUNSEL) FOR PLAINTIFF-RESPONDENT.

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

Appeal from an order of the Supreme Court, Erie County (Frederick J. Marshall, J.), entered July 21, 2021. The order denied the motion of defendant for summary judgment.

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

Memorandum: The facts and procedural history of this case are set forth in our decisions on the prior appeals (Marinaccio v Town of Clarence,

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