ZAEPFEL v. TOWN OF TONAWANDA

54 CA 23-00440.

2024 NY Slip Op 02400

JAMES A. ZAEPFEL, TONAWANDA PIRSON LLC, AND 95 PIRSON PARKWAY LLC, Plaintiffs-Respondents, v. TOWN OF TONAWANDA, Defendant-Appellant. (Appeal No. 2.)

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 and judgment (one paper) of the Supreme Court, Erie County (Emilio Colaiacovo, J.), entered February 16, 2023. The order and judgment, among other things, awarded plaintiffs the sum of $1,664,801.48 as against defendant, upon a jury verdict.

It is hereby ORDERED that the order and judgment so appealed from is unanimously modified on the law by granting the posttrial motion in part, setting aside the verdict with respect to the third cause of action...

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