LoGrasso v Tonawanda
2011 NY Slip Op 06787 [87 AD3d 1388]
September 30, 2011
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 9, 2011


Michael J. LoGrasso et al., Respondents, v City of Tonawanda et al., Appellants. (Appeal No. 2.)

—[*1] Webster Szanyi LLP, Buffalo (Ryan G. Smith of counsel), for defendants-appellants.

O'BrienBoyd, P.C., Williamsville (Stephen Boyd of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Erie County (Christopher J. Burns, J.), entered March 16, 2011 in a personal injury action. The order 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.

Same memorandum as in LoGrasso v City of Tonawanda (87 AD3d 1390 [2011]). Present—Centra, J.P., Fahey, Sconiers, Green and Martoche, JJ.