Evangelista v City of Rochester
2012 NY Slip Op 08986 [101 AD3d 1698]
December 21, 2012
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 6, 2013


Ronald Evangelista et al., Respondents, v City of Rochester et al., Appellants.

—[*1] Robert J. Bergin, Corporation Counsel, Rochester (Adam M. Clark of counsel), for defendants-appellants.

Chamberlain D'Amanda Oppenheimer & Greenfield LLP, Rochester (Lucinda Odell Lapoff of counsel), for plaintiffs-respondents.

Appeal from an order of the Supreme Court, Monroe County (Kenneth R. Fisher, J.), entered August 26, 2011. The order, among other things, granted in part plaintiffs' motion for summary judgment.

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—Smith, J.P., Peradotto, Lindley and Sconiers, JJ.