HART v. CITY OF BUFFALO

188 CA 22-00289.

218 A.D.3d 1140 (2023)

193 N.Y.S.3d 560

2023 NY Slip Op 03984

Barbara Hart, Appellant, v. City of Buffalo et al., Defendants, and Erie County, Respondent.

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

Decided July 28, 2023.


Attorney(s) appearing for the Case

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-APPELLANT.

JEREMY C. TOTH , COUNTY ATTORNEY, BUFFALO ( ERIN E. MOLISANI OF COUNSEL), FOR DEFENDANT-RESPONDENT.

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


Appeal from an order of the Supreme Court, Erie County (Timothy J. Walker, A.J.), entered January 20, 2022. The order, insofar as appealed from, granted the motion of defendant Erie County for summary judgment, dismissed the complaint and all cross-claims against that defendant, and denied plaintiff's motion for an extension of time to provide a counter statement of undisputed facts and for leave to amend her bill of particulars.

It is hereby ordered that the order...

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