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McGIRR v. ZURBRICK

87 CA 22-00485.

217 A.D.3d 1462 (2023)

192 N.Y.S.3d 817

2023 NY Slip Op 03568

Jason J. McGirr, Appellant, v. Justin Zurbrick, Defendant, and Canalside Harbor 2013, LLC, Respondent. (Appeal No. 2.).

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

Decided June 30, 2023.

Attorney(s) appearing for the Case

LAW OFFICES OF STEVE BOYD, P.C., BUFFALO ( LEAH A. COSTANZO OF COUNSEL), FOR PLAINTIFF-APPELLANT.

RUPP BAASE PFALZGRAF CUNNINGHAM LLC, BUFFALO ( NOLAN M. HALE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Curran, Bannister and Ogden, JJ.

Appeal from a judgment of the Supreme Court, Erie County (Daniel Furlong, J.), entered February 2, 2022. The judgment dismissed the second amended complaint against defendant Canalside Harbor 2013, LLC.

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

Memorandum: Plaintiff commenced this action seeking damages for injuries he sustained when the vehicle he was in was

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