| Scaletta v City of Niagara Falls |
| 2006 NY Slip Op 02085 [27 AD3d 1204] |
| Decided on March 17, 2006 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on March 17, 2006
SUPREME COURT OF THE STATE OF NEW YORK
Appellate Division, Fourth Judicial Department
PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, KEHOE, AND HAYES, JJ.
389 CA 05-02184
[*1]FRANK P. SCALETTA, PLAINTIFF-APPELLANT, ORDER
v
CITY OF NIAGARA FALLS AND GREATER NIAGARA SPORTS GROUP, INC., DEFENDANTS-RESPONDENTS.
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered December 3, 2004. The order, insofar as appealed from, granted in part defendants' cross motions for summary judgment and dismissed the first, second and fifth causes of action.
BERRIGAN, PERLMAN & GABRIELE, NIAGARA FALLS (EDWARD P. PERLMAN OF COUNSEL), FOR PLAINTIFF-APPELLANT.
RONALD D. ANTON, CORPORATION COUNSEL, NIAGARA FALLS, FOR DEFENDANT-RESPONDENT CITY OF NIAGARA FALLS.
HARRIS BEACH PLLC, BUFFALO (RICHARD T. SULLIVAN OF COUNSEL), FOR DEFENDANT-RESPONDENT GREATER NIAGARA SPORTS GROUP, INC.
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Entered: March 17, 2006
JoAnn M. Wahl
Clerk of the Court