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METCALF v. COUNTY OF ERIE

452 CA 22-01522.

219 A.D.3d 1168 (2023)

195 N.Y.S.3d 832

2023 NY Slip Op 04419

Robert Metcalf, Sr., as Administrator of the Estate of Richard Metcalf, Jr., Deceased, Respondent-Appellant, v. County of Erie et al., Appellants-Respondents, et al., Defendants.

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

Decided August 30, 2023.

Attorney(s) appearing for the Case

LIPPES MATHIAS LLP, BUFFALO ( JENNIFER C. PERSICO OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT COUNTY OF ERIE.

PERSONIUS MELBER LLP, BUFFALO ( BRIAN M. MELBER OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT ROBERT DEE.

BENGART & DEMARCO, LLP, TONAWANDA ( STEVEN B. BENGART OF COUNSEL), FOR DEFENDANT-APPELLANT-RESPONDENT MATTHEW CROSS.

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

Appeals and cross-appeal from an order of the Supreme Court, Erie County (Mark J. Grisanti, A.J.), entered September 13, 2022. The order granted in part and denied in part motions by defendants-appellants-respondents for summary judgment.

It is hereby ordered that the order so appealed from is modified on the law by granting the motion of defendants County of Erie, Scott Evans, Michael Anderson, Matthew O'Connell, Edward Kawalek, Robert States, Scott Emerling, and...

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