Burger v Kenmore-Town of Tonawanda Union Free Sch. Dist.
2015 NY Slip Op 07129 [132 AD3d 1295]
October 2, 2015
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 9, 2015


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  Kathleen A. Burger et al., Appellants, v Kenmore-Town of Tonawanda Union Free School District, Respondent. (Appeal No. 2.)

The Cosgrove Law Firm, Buffalo (J. Michael Lennon of counsel), for plaintiffs-appellants.

Chelus, Herdzik, Speyer & Monte, P.C., Buffalo (Thomas J. Speyer of counsel), for defendant-respondent.

Appeal from a judgment of the Supreme Court, Erie County (Thomas P. Franczyk, A.J.), entered May 2, 2014. The judgment dismissed the complaint upon a verdict of no cause of action.

It is hereby ordered that the judgment so appealed from is unanimously affirmed without costs for reasons stated in the decision at Supreme Court. Present—Centra, J.P., Peradotto, Carni, Whalen and DeJoseph, JJ.