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RUNGE v. CITY OF NORTH TONAWANDA

381.1 CA 22-01284.

217 A.D.3d 1405 (2023)

190 N.Y.S.3d 734

2023 NY Slip Op 03123

Joell Runge, Respondent, v. City of North Tonawanda, Appellant, Crazy Jake's Inc. et al., Respondents, et al., Defendants.

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

Decided June 9, 2023.

Attorney(s) appearing for the Case

ROACH, LENNON & BROWN, PLLC, BUFFALO ( J. MICHAEL LENNON of counsel), FOR DEFENDANT-APPELLANT.

SHAW & SHAW, P.C., HAMBURG ( LEONARD D. ZACCAGNINO of counsel), FOR PLAINTIFF-RESPONDENT.

ROSENTHAL, KOOSHOIAN & LENNON, LLP, BUFFALO ( J. PATRICK LENNON OF COUNSEL), FOR DEFENDANTS-RESPONDENTS.

Present—Smith, J.P., Lindley, Bannister, Montour and Greenwood, JJ.

Appeal from an order of the Supreme Court, Niagara County (Frank Caruso, J.), entered August 3, 2022. The order denied the motion of defendant City of North Tonawanda for summary judgment.

It is hereby ordered that the order so appealed from is unanimously reversed on the law without costs, the motion is granted, and the amended complaint and cross-claims against defendant City of North Tonawanda are dismissed.

Memorandum: Plaintiff commenced this action seeking...

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