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LALIME v. R.A.C. ENGINEERING P.C.

84 CA 23-00700.

2024 NY Slip Op 01404

JAMES LALIME AND JUDY LALIME, Plaintiffs-Respondents, v. R.A.C. ENGINEERING P.C., ET AL., Defendants, and TOWN OF CLARENCE, Defendant-Appellant.

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

Decided March 15, 2024.

Attorney(s) appearing for the Case

WEBSTER SZANYI LLP, BUFFALO, GERBER CIANO KELLY BRADY LLP ( MATTHEW S. LERNER OF COUNSEL), FOR DEFENDANT-APPELLANT.

DUKE, HOLZMAN, PHOTIADIS & GRESENS LLP, BUFFALO ( THOMAS D. LYONS OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

PRESENT: SMITH, J.P., CURRAN, MONTOUR, NOWAK, AND KEANE, JJ.

Appeal from an order of the Supreme Court, Erie County (Dennis E. Ward, J.), entered April 3, 2023. The order denied the motion of defendant Town of Clarence to dismiss the complaint and all cross-claims against it and granted the cross-motion of plaintiffs for leave to serve a late notice of claim.

It is hereby ORDERED that the order so appealed from is unanimously reversed on the law without costs, the cross-motion is denied, the motion is granted and the complaint...

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