Clarke v City of Syracuse (2009 NY Slip Op 04524)

Clarke v City of Syracuse

2009 NY Slip Op 04524 [63 AD3d 1593]

June 5, 2009

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

As corrected through Wednesday, August 5, 2009

Darlton Clarke et al., Respondents, v City of Syracuse et al., Appellants.

—[*1] Rory A. McMahon, Corporation Counsel, Syracuse (Jennifer E. Savion of counsel), for defendants-appellants.

Appeal from an order of the Supreme Court, Onondaga County (Donald A. Greenwood, J.), entered March 27, 2008 in a personal injury action. The order, insofar as appealed from, denied the motion of defendants for summary judgment dismissing the complaint.

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