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OISHEI v. GEBURA

785 CA 22-01758.

221 A.D.3d 1529 (2023)

200 N.Y.S.3d 587

2023 NY Slip Op 05868

Joseph R. Oishei, Jr., Respondent, v. Stephen J. Gebura, Defendant, and Paul J. Brink, Appellant.

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

Decided November 17, 2023.

Attorney(s) appearing for the Case

PILLINGER MILLER TARALLO, LLP, BUFFALO ( KENNETH A. KRAJEWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.

SHAW & SHAW, P.C., HAMBURG ( LEONARD D. ZACCAGNINO OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

Present—Smith, J.P., Lindley, Montour, Greenwood and DelConte, JJ.

Appeal from an order of the Supreme Court, Erie County (E. Jeannette Ogden, J.), entered November 2, 2022. The order denied the motion of defendant Paul J. Brink for summary judgment.

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

Memorandum: Plaintiff, a police officer with the Town of Amherst Police Department, commenced this action seeking damages for injuries he sustained when he attempted to stop a

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