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GERNATT v. GREGOIRE

111 CA 22-00606.

217 A.D.3d 1340 (2023)

190 N.Y.S.3d 724

2023 NY Slip Op 03094

Cody Ray Gernatt, Appellant, v. Michael W. Gregoire, Respondent.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

SHAW & SHAW, P.C., HAMBURG ( BLAKE ZACCAGNINO of counsel), FOR PLAINTIFF-APPELLANT.

LETITIA JAMES , ATTORNEY GENERAL, ALBANY ( OWEN DEMUTH OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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

Appeal from an order of the Supreme Court, Erie County (Daniel Furlong, J.), entered April 13, 2022. The order granted the motion of defendant for summary judgment and dismissed the complaint.

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

Memorandum: Plaintiff commenced this action seeking to recover damages for...

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