Wilson v Town of Webb
2008 NY Slip Op 02280 [49 AD3d 1215]
March 14, 2008
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 14, 2008


Cathleen M. Wilson, Individually and as Executrix of William C. Wilson, Deceased, Appellant, v Town of Webb, et al., Respondents.

—[*1] McLane, Smith and Lascurettes, L.L.P., Utica (Steven A. Smith of counsel), for plaintiff-appellant.

Murphy, Burns, Barber & Murphy, LLP, Albany (James J. Burns of counsel), for defendant-respondent Town of Webb.

Bond, Schoeneck & King, PLLC, Syracuse (S. Paul Battaglia of counsel), for defendant-respondent Town of Webb Union Free School District Number 1.

Appeal from an order of the Supreme Court, Herkimer County (Michael E. Daley, J.), entered November 1, 2006 in a personal injury action. The order granted the motion of defendant Town of Webb Union Free School District Number 1 and the cross motion of defendant Town of Webb for summary judgment dismissing the complaint and denied the cross motion of plaintiff for summary judgment.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs for the reasons stated in the decision at Supreme Court. Present—Scudder, P.J., Martoche, Centra, Fahey and Peradotto, JJ.