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LEWCZYK v. SAFECO INS. CO. OF AM.

652 CA 22-01358.

219 A.D.3d 1691 (2023)

196 N.Y.S.3d 833

2023 NY Slip Op 04867

Sheryl L. Lewczyk, Respondent, v. Safeco Insurance Company of America, Doing Business as Safeco Insurance, et al., Appellants, and City of Buffalo, Respondent.

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

Decided September 29, 2023.

Attorney(s) appearing for the Case

HURWITZ FINE P.C., BUFFALO ( MICHAEL F. PERLEY OF COUNSEL), FOR DEFENDANTS-APPELLANTS.

ANDREWS, BERNSTEIN, MARANTO & NICOTRA, PLLC, BUFFALO ( ROBERT J. MARANTO, JR. , OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

CAVETTE A. CHAMBERS , CORPORATION COUNSEL, BUFFALO ( DAVID M. LEE OF COUNSEL), FOR DEFENDANT-RESPONDENT.

Present—Smith, J.P., Bannister, Ogden, Greenwood and Nowak, JJ.

Appeal from a judgment (denominated order) of the Supreme Court, Erie County (Craig D. Hannah, J.), entered August 26, 2022. The judgment, inter alia, denied the motion of defendant Safeco Insurance Company of America, doing business as Safeco Insurance, for summary judgment and granted the cross-motions of plaintiff and defendant City of Buffalo for summary judgment.

It is hereby ordered that the judgment so appealed from is unanimously reversed on the law without...

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