Swietlik v Town of Hamburg
2013 NY Slip Op 08752 [112 AD3d 1364]
December 27, 2013
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 29, 2014


Celeste Swietlik, Respondent, v Town of Hamburg, Appellant.

[*1] Lewis & Lewis, P.C., Buffalo (Allan M. Lewis of counsel), for defendant-appellant.

Connors & Vilardo, LLP, Buffalo (Joseph D. Morath, Jr., of counsel), for plaintiff-respondent.

Appeal from an order of the Supreme Court, Erie County (John F. O'Donnell, J.), entered February 19, 2013. The order denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs. Present—Centra, J.P., Peradotto, Carni and Sconiers, JJ.