BANAS v. WAIKIKI

125 CA 22-01097.

216 A.D.3d 1413 (2023)

188 N.Y.S.3d 353

2023 NY Slip Op 02412

William Banas, Appellant, v. Clayton K. Waikiki, Respondent.

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

Decided May 5, 2023.


Attorney(s) appearing for the Case

STEPHEN R. FOLEY, LLC, BUFFALO ( ZACHARY S. DRAGONETTE OF COUNSEL), FOR PLAINTIFF-APPELLANT.

CHELUS, HERDZIK, SPEYER & MONTE, P.C., BUFFALO ( MICHAEL J. CHMIEL OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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


Appeal from an order of the Supreme Court, Erie County (Donna M. Siwek, J.), entered January 3, 2022. The order granted the motion of defendant for summary judgment dismissing the complaint.

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, as amplified by the bill of particulars, with respect to the permanent consequential limitation of use and significant limitation...

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