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LG 70 DOE v. TOWN OF AMHERST

966 CA 22-01514.

2024 NY Slip Op 02651

LG 70 DOE, Plaintiff-Respondent, v. TOWN OF AMHERST, Defendant-Appellant, TOWN OF AMHERST POLICE DEPARTMENT, ET AL., Defendants.

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

Decided May 10, 2024.

Attorney(s) appearing for the Case

WEBSTER SZANYI LLP, BUFFALO ( SHANNON B. O'NEILL OF COUNSEL), FOR DEFENDANT-APPELLANT.

LIPSITZ GREEN SCIME CAMBRIA LLP, BUFFALO ( JOHN A. COLLINS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

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

Appeal from an order of the Supreme Court, Erie County (Deborah A. Chimes, J.), entered July 22, 2022. The order, insofar as appealed from, denied those parts of the motion of defendants Town of Amherst and Town of Amherst Police Department seeking to dismiss the 7th and 10th causes of action against defendant Town of Amherst.

It is hereby ORDERED that the order insofar as appealed from is reversed on the law without costs, the motion is granted in its entirety, and...

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