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ZAEPFEL v. TOWN OF TONAWANDA

53 CA 23-00344.

2024 NY Slip Op 02399

JAMES A. ZAEPFEL, TONAWANDA PIRSON LLC, AND 95 PIRSON PARKWAY LLC, Plaintiffs-Respondents, v. TOWN OF TONAWANDA, Defendant-Appellant. (Appeal No. 1.)

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

Decided May 3, 2024.

Attorney(s) appearing for the Case

COLUCCI & GALLAHER, P.C., BUFFALO ( PAUL G. JOYCE OF COUNSEL), FOR DEFENDANT-APPELLANT.

GROSS SHUMAN P.C., BUFFALO ( B. KEVIN BURKE, JR. , OF COUNSEL), FOR PLAINTIFFS-RESPONDENTS.

PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, AND GREENWOOD, JJ.

Appeal from an order of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered January 17, 2023. The order, among other things, denied defendant's motion to set aside the jury verdict.

It is hereby ORDERED that said appeal is unanimously dismissed without costs.

Same memorandum as in Zaepfel v Town of Tonawanda ([appeal No. 2] ___ AD3d ___ [May 3, 2024] [4th...

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