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GRAHAM v. CITY OF SYRACUSE

765 CA 22-01951.

2024 NY Slip Op 00710

NICOLE GRAHAM AND BRAD GRAHAM, Plaintiffs-Respondents, v. CITY OF SYRACUSE, J.K. TOBIN CONSTRUCTION CORP. CO., INC., AND SALT SPRINGS PAVING CORP., Defendants-Appellants.

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

Decided February 9, 2024.

Attorney(s) appearing for the Case

SUSAN R. KATZOFF , CORPORATION COUNSEL, SYRACUSE ( DANIELLE R. SMITH OF COUNSEL), FOR DEFENDANT-APPELLANT CITY OF SYRACUSE.

LIPPMAN O'CONNOR, BUFFALO ( ROBERT H. FLYNN OF COUNSEL), FOR DEFENDANTS-APPELLANTS J.K. TOBIN CONSTRUCTION CORP. CO., INC., AND SALT SPRINGS PAVING CORP.

PILLINGER MILLER TARALLO, LLP, SYRACUSE ( MARIA T. MASTRIANO OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

PRESENT: WHALEN, P.J., CURRAN, BANNISTER, OGDEN, AND DELCONTE, JJ.

Appeals from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered December 1, 2022. The order denied the motions of defendants for summary judgment.

It is hereby ORDERED that the order so appealed from is unanimously modified on the law by granting the motion of defendants J.K.

Tobin Construction Corp. Co., Inc. and Salt Springs Paving Corp. in part and dismissing the complaint and cross-claims against them, and granting the motion...

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