DRAKE v. VILLAGE OF LIMA

720 CA 22-00812.

221 A.D.3d 1481 (2023)

200 N.Y.S.3d 600

2023 NY Slip Op 05833

Eileen C. Drake et al., Respondents-Appellants, v. Village of Lima et al., Appellants-Respondents.

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

Decided November 17, 2023.


Attorney(s) appearing for the Case

WEBSTER SZANYI LLP, BUFFALO ( SHANNON BRAE VANDERMEER OF COUNSEL), FOR DEFENDANTS-APPELLANTS-RESPONDENTS.

KNAUF SHAW LLP, ROCHESTER ( MELISSA M. VALLE OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS-APPELLANTS.

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


Appeal and cross-appeal from an order of the Supreme Court, Livingston County (Thomas E. Moran, J.), entered April 4, 2022. The order granted in part and denied in part the motion of defendants to, inter alia, dismiss certain causes of action.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting those parts of the motion seeking dismissal of the second and fourth causes of action, and as modified the order is affirmed...

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